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H1. ILC Day Care CUPCITY OF KALISPELL Development Services Department 201 Ist 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: KCU-23-02 — Immanuel Lutheran Day Care Conditional Use Permit MEETING DATE: June 5, 2023 BACKGROUND: Immanuel Lutheran Communities has submitted an application for a conditional use permit for a day care center at Northridge Lutheran Church. The day care center would eventually serve up to 100 children, generally from ages 0-6, although initially there would be up to 48 children. The property is located at 323 Northridge Drive and can be more particularly described as Lot 2 of Block 12 of Northridge Heights Section 4, excepting therefrom Parcel A, Amended Subdivision Plat of Lot 6A of the Amended Subdivision Plat of Lots 5 and 6, Block 12, Northridge Heights Section 5 and Lot 2, Block 12, Northridge Heights Section 4, 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 May 9, 2023, to consider the request. Staff presented staff report KCU-23-02, 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 request be granted subject to nine listed conditions. Two public comments were received at the public hearing in addition to those comments by the applicant. Written comments were also received prior to and after the hearing. The comments generally related to retaining access from houses to the church open space, noise, and traffic. The public hearing was closed and a motion was presented to adopt staff report KCU-23-02 as findings of fact and recommend to the Kalispell City Council that the conditional use permit be granted subject to the nine conditions. Board discussion concluded that the request was appropriate, and the motion passed unanimously on roll call vote. RECOMMENDATION: It is recommended that the Kalispell City Council approve a request from Immanuel Lutheran Communities, for Conditional Use Permit KCU-23-02, a conditional use permit to allow a day care center for up to 100 children, subject to nine conditions of approval within the R- 3 Zoning District, located at 323 Northridge Drive and which can be described as Lot 2 of Block 12 of Northridge Heights Section 4, excepting therefrom Parcel A, Amended Subdivision Plat of Lot 6A of the Amended Subdivision Plat of Lots 5 and 6, Block 12, Northridge Heights Section 5 and Lot 2, Block 12, Northridge Heights Section 4, 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 May 9, 2023, Kalispell Planning Board Minutes Staff Report Application Materials and Maps Public Comment 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: Immanuel Lutheran Communities 185 Crestline Ave Kalispell, MT 59901 LEGAL DESCRIPTION: Lot 2 of Block 12 of Northridge Heights Section 4, excepting therefrom Parcel A, Amended Subdivision Plat of Lot 6A of the Amended Subdivision Plat of Lots 5 and 6, Block 12, Northridge Heights Section 5 and Lot 2, Block 12, Northridge Heights Section 4, 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: R-3, Residential The applicant has applied to the City of Kalispell for a conditional use permit to allow a day care center at Northridge Lutheran Church, located at 323 Northridge Drive. The day care center would eventually serve up to 100 children, generally from ages 0-6. The Kalispell City Planning Board and Zoning Commission, after due and proper notice, on May 9, 2023, held apublic 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- 02 as the Council's findings of fact, and issues and grants to the above -described real property a conditional use permit to allow a day care center at Northridge Lutheran Church, located at 323 Northridge Drive, in the R-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 and architectural/site plan drawings. 3. Appropriate licensing for the use from the State of Montana Department of Public Health and Human Services shall be obtained and maintained. 4. The location of the play area and fencing plan shall be submitted to the City of Kalispell Planning Department for review and approval and installed prior to beginning operations atthe day care. 5. Per Section 27.34.050(2)(b) of the zoning ordinance, any signage shall be architecturally compatible with the primary building. 6. Any fire code requirements (e.g. fire sprinkling) shall be installed prior to commencement of the day care use. 7. A sidewalk shall be constructed in the right-of-way across the full frontage of the property in accordance with city Standards for Design and Construction. 8. Capacity of the day care is limited to no more than 73 children unless a Traffic Impact Study is submitted to the Public Works Department for review and approval based upon the full number of children/employees and with implementation of any recommended mitigation from the study. 9. A building permit, if necessary, shall be obtained prior to commencing the day care use. Dated this 5th day of June 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 May 9, 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, and Tim Stocklin. Karl Barnhart, PJ Sorensen, and Jarod Nygren represented the Kalispell Planning Department. APPROVAL OF MINUTES Young moved and Burke seconded a motion to approve the minutes of the March 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. BOARD MEMBER SEATED Rory Young recused himself from KCU-23-02, he is a representative for the applicant. KCU-23-02 — IMMANUEL A request from Immanuel Lutheran Communities for a conditional use permit for a LUTHERAN COMMUNITIES day care center at Northridge Lutheran Church, which is located at 323 Northridge Drive. The day care center would eventually serve up to 100 children, generally from ages 0-6, although initially there would be up to 48 children. The property can be more particularly described as Lot 2 of Block 12 of Northridge Heights Section 4, excepting therefrom Parcel A, Amended Subdivision Plat of Lot 6A of the Amended Subdivision Plat of Lots 5 and 6, Block 12, Northridge Heights Section 5 and Lot 2, Block 12, Northridge Heights Section 4, 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 PJ Sorensen representing the Kalispell Planning Department reviewed Staff Report #KCU-23-02. Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt staff report #KCU-23-02 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 None. PUBLIC COMMENT Tyler Tonjum — Jackola Engineering — Representing the applicant — Requested that the condition for a sidewalk be removed since it would not be connecting to any sidewalk and also due to cost. Ben Dush — 326 Hilltop Ave — Requested gate access so the playground and green space can be used by the neighborhood. Mary Ruby — 320 hilltop Ave — Has concerns with the additional noise and traffic on Northridge Drive. MOTION — KCU-23-02 Kauffman moved and Burke seconded that the Kalispell Planning Board adopt staff report #KCU-23-02 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. Kalispell City Planning Board Minutes of the meeting of May 9, 2023 Page I 1 BOARD DISCUSSION Board members and staff discussed gate access and the benefits of having the sidewalk. Nygren advised that gate access can only be added by the property owner since it's private property. Sorensen stated that the sidewalk may have a connection in the future and Kauffman stated that it would get people off the street even if for a short distance. ROLL CALL Motion passed unanimously on a roll call vote. BOARD MEMBER RE -SEATED Rory Young re -seated. KA-23-04 — MOUNTAIN VILLA A request from Summit Holdings, LP, for annexation and initial zoning of RA-1 APARTMENTS (Residential Apartment) for property located at 249 Reserve Place. The property is currently occupied by Mountain Villa Apartments and the annexation would allow for connection of the existing apartments to city sanitary sewer. The property is more particularly described as Assessors Tract IHC in the East Half of the Southeast Quarter of Section 25, Township 29 North, Range 22 West, Flathead County, Montana. STAFF REPORT PJ Sorensen representing the Kalispell Planning Department reviewed Staff Report #KA-23-04. Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt Staff Report #KA-23-04 as findings of fact and recommend to the Kalispell City Council that the property be annexed and the zoning for the property be city RA-1 (Residential Apartment). BOARD DISCUSSION Board members and staff discussed the zoning and sewer capacity and the process for making the connection. PUBLIC COMMENT James Connolly — Representing the landowner — Stated that there are plans to have a neighborhood meeting when they are planning construction and is willing to speak with residents regarding the project. Tom Barbouletos — 189 Arbour Dr E — Supports the connection to sewer but is opposed to the zoning and more apartments due to concerns regarding access to Hwy 93, fire services, and school capacity. Mark Miller — 301 Stillwater Loop — Is opposed to development of the 22 acres due to loss of views, lower property values, construction traffic, wildlife impact, and increased visitors from the future apartments using the HOA park. Cheryl Elzig — 301 Stillwater Loop — Supports the sewer connection but is opposed to annexation due to concerns of the impact on wildlife. She also stated that more people should have received notices. Kathy Barbouletos — 189 Arbour Dr E — Stated that the residents on Stillwater Loop should have been notified and that communication needs to be expanded. She also stated that when she purchased her home was told that the 22-acre property was a protected area. Stephen Redgate — 303 Dairy Dr — Is not opposed to the sewer connection but opposes the annexation due to increased traffic and asked for clarification on the Kalispell City Planning Board Minutes of the meeting of May 9, 2023 Page 12 county park. Stated that this is a land grab by the city to increase revenues from water and sewer fees. Robert Lee — 319 Stillwater Loop — Has concerns for wildlife, storm water runoff, loss of views, and appearance of the apartments. He would like buffer zones and screening to protect the views. Dan Syverson — 311 Stillwater Loop — Supports connecting to sewer but is opposed to adding more apartments. Ned Halling — 197 Arbour Dr E — Has no issues with the annexation but would like the north portion to be transitioned to single family residences. Richard Flink — President of Country Estates HOA — Has concerns regarding the impact the construction traffic would have on the roads which are maintained at the HOA's expense. MOTION — KA-23-04 Burke moved and Young seconded that the Kalispell City Planning Board and Zoning Commission adopt staff report #KA-23-04 as findings of fact and recommend to the Kalispell City Council that the property be annexed and the zoning for the property be city RA-1 (Residential Apartment). BOARD DISCUSSION Board and staff discussed comments regarding the application and notification processes, and annexation zoning. Graham stated that this is not a land grab but a private owner applying to the city for annexation and that any future development would have to go through the application process. Nygren advised that notifications are sent to adjacent landowners within 240 feet which is above the state requirement of 150 feet. Sorensen stated that it is initial zoning with an annexation zone change; not a city zone change per se. Young confirmed with staff that the city cannot take the number of students into consideration of annexation per state law. Nygren advised that single family residences are allowable in RA-1 and that the fire and police departments are already responding first to emergencies at Mountain Villa. Haskins advised that all infrastructure including storm water retention would be built to city standards. Sorensen stated that it a single parcel is not supposed to be split into 2 zones under the zoning ordinance. ROLL CALL Motion passed unanimously on a roll call vote. OLD BUSINESS None. NEW BUSINESS Sorensen updated the board on the upcoming June 9th, 2023 Planning Board Meeting. Nygren advised the board that the zoning and subdivision regulations may be affected by the recent legislative session in Helena. ADJOURNMENT The meeting adjourned at approximately 7:42 PM. Chad Graham President APPROVED as submitted/amended: Kirstin Robinson Recording Secretary Kalispell City Planning Board Minutes of the meeting of May 9, 2023 Page 13 IMMANUEL LUTHERAN DAY CARE CONDITIONAL USE PERMIT — STAFF REPORT #KCU-23-02 KALISPELL PLANNING DEPARTMENT MAY 9, 2023 A report to the Kalispell City Planning Board and the Kalispell City Council regarding a request from Immanuel Lutheran Communities for a conditional use permit for a day care center at 323 Northridge Drive. A public hearing has been scheduled before the Planning Board for May 9, 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 Immanuel Lutheran Communities has submitted an application for a conditional use permit for a day care center at Northridge Lutheran Church, which is located at 323 Northridge Drive. The day care center would eventually serve up to 100 children, generally from ages 0-6, although initially there would be up to 48 children. A: Applicant: Immanuel Lutheran Communities 185 Crestline Ave Kalispell, MT 59901 B: Location: The property is located at 323 Northridge Drive and can be more particularly described as Lot 2 of Block 12 of Northridge Heights Section 4, excepting therefrom Parcel A, Amended Subdivision Plat of Lot 6A of the Amended Subdivision Plat of Lots 5 and 6, Block 12, Northridge Heights Section 5 and Lot 2, Block 12, Northridge Heights Section 4, according to the map or plat thereof on file and of record in the office of the Clerk and Recorder of Flathead County, Montana. 1 C: Existing Land Use and Zoning: The subject property is developed as a church. The zoning of the property is R-3 (Residential). The R-3 district is a "district intended to provide lot areas for urban residential development. This district should have good thoroughfare access, and be in proximity to community and neighborhood facilities, i.e., schools, parks, shopping areas, etc. Development within this district must be served by all public utilities. This zoning district would typically be found in areas designated as suburban residential or urban residential on the Kalispell Growth Policy Future Land Use Map." A day care center (i.e. 13 or more children) is a conditionally permitted use in the district. KALISPELL Kalispell Zoning Northridge Lutheran Church ® subW P,r l Public R 3 - -Resid—i.l R-3 R-id-U.1 w; vuo - — -- — -- -- -- - ---- R 3)Puo RESitlEM]a %V,U1 P J ' I I�.': Subject I Parcel R3 ,_d_Ul J rw � cddestral. N 0 105 210 420 b30 FLffi. d c—.V cis Feet [iry of rdr pall cL5 Baspmap: Austin Bm± sk,-Ap97, ZD23 Esi CommuNty Maps, ArcGiS.com D. Size: The subject property is approximately 2.82 acres. E: Adjacent Zoning: North: R-3 East: R-3 South: R-3 West: R-3 F: Adjacent Land Uses: North: Single-family residential East: Single-family residential South: Single-family residential West: Single-family residential G: General Land Use Character: The property is in an established residential area with predominantly single-family homes. The largest use in the immediate neighborhood is Northridge Lutheran Church with the Middle School to the south and a commercial corridor along Highway 93 to the east. The proposed use would be located in the existing church building with outdoor space within existing church grounds. 2 Kalispell Growth Policy KALISPLLL Northridge Lutheran Church IMMMM PINE FW.&A C—Ay EIS Feet H: Relation to the Growth Policy: The Kalispell Growth Policy Future Land Use Map designates the subject property as Urban Residential. The R-3 zone is consistent with that designation. Rezoning the property is not necessary for this project. Additionally, infill development and multiple use of properties, where appropriate, is encouraged to lessen impacts on sensitive lands and can provide a more efficient provision of services overall in the city. 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 Refuse: City of Kalispell Electricity: Flathead Electric Cooperative Gas: NorthWestern Energy Telephone: CenturyTel Schools: School District 95 (Russell Elementary/Glacier High School) Fire: City of Kalispell Police: City of Kalispell 3 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 a day care center with up to 100 children. It would be located within the existing church building with outdoor play area on the church grounds. The images below show the site layout and the floor plan. The day care use would not require an expansion of the existing church building or parking lot. It would utilize that space during the week when it is not being used by the church. 4 Site Plan Existing Hedges; Fences ----------------- Ex iv,,i p. Soa.ce 1 f ,pr i Existing ,a ge r f ,r Existing Parkirkg - _ ^r Existing P{aygr:.finc ; Proposed Day Care+ Existing Church - I� Entrance � w Exiting Parking - Proposed Day Care �i Existing Landscaping .y ,.` Exit g L ,ddscap g ° f . E j F'.-:rF.ing J Exrsbrg Sig. - 1 E Flg if._ Existing Landscaping Existing Entrar°ces AERIAL VIEW ,- SHT 1 Proposed Floor Plan U, rF t71 4� CpOE REVIEW (1941 IJ.R.G.} b� q. 5 1. Site Suitability: Adequate Useable Space: The subject property is approximately 2.82 acres. The majority of the project site is relatively flat with no significant impediments. Design standards in the zoning ordinance would apply setbacks and lot coverage standards, although an expansion of the existing building and parking lot is not part of the proposal and not necessary to support the proposed use. b. Height, bulk and location of the building: As with usable space, design standards in the zoning ordinance would govern building standards. However, an expansion of the existing building is not being proposed. Adequate Access: The primary frontage of the property is Northridge Drive, which is an existing city street which connects with the overall transportation system. Based on the type of use and projected number of trips generated, a Traffic Impact Study ("TIS") is not required until the day care would serve 73 children. Since initial plans would only serve 48 children, a TIS should be required before they exceed 73 children. It would be appropriate to allow the use to begin, but have a condition of approval that the capacity is limited to no more than 73 children unless a TIS is submitted to the Public Works Department for review and approval based upon the full number of children/employees and with implementation of any recommended mitigation from the TIS. The frontage would provide both pedestrian and vehicular access. The property frontage does not include a sidewalk, which should be constructed in accordance with city Standards for Design and Construction in order to mitigate impacts on the road network. The Transportation Plan shows Northridge Drive as a minor collector along the property frontage reflecting its function as the primary street through the area. Protecting pedestrians is particularly important along a collector street and given the new use introduced on the property. d. Environmental Constraints: There are no known environmental constraints, such as streams, floodplains, or wetlands on the area of the property proposed for development which could affect the proposed use. 2. Appropriate Design: Parking Scheme/Loading Areas: Under the zoning ordinance, day cares require a minimum of one parking space per teacher/employee plus one loading space per six students, or approximately 34 parking spaces. The existing parking lot provides 116 parking spaces, well in excess of that requirement. b. Lighting_ Chapter 27.26 of the Kalispell Zoning Ordinance sets standards for all outdoor lighting on commercial or residential structures. Any exterior lighting installed in conjunction with the development will need to comply with those standards. Traffic Circulation: As noted above, access to the property is from Northridge Drive and through an existing parking lot. d. Open Space: There are no specific open space requirements, although the property contains a significant amount of open space particularly on the northern portion of the property bordering adjacent homes. Fencing/Screening/Landscapiinn : Landscaping is already provided on the property. Under Section 27.34.050(1) of the zoning ordinance, "where outside recreation facilities are provided, a minimum four -foot -high sight -obscuring fence around the recreation area may be required to be maintained and the recreation area should be situated in the rear half of the site." The existing playground and primary open space area are located in the rear portion of the lot, but are not enclosed by fencing. As buffering/screening from the single-family homes in the neighborhood, the play area should be established and fully enclosed with a fence as detailed in the zoning ordinance. The location of the play area and fencing plan shall be submitted to the City of Kalispell Planning Department for review and approval, and installed prior to beginning operations at the day care. f. Signage: The development shall comply with all of the sign standards as set forth in Chapter 27.22 of the Kalispell Zoning Ordinance. Additionally, under Section 27.34.050(2)(b), any signage shall be architecturally compatible with the primary building. It should be noted that only one freestanding sign is allowed on the property, so an additional freestanding sign beyond the existing church sign is not permitted. g. Building Code: Changes of use and any renovations to the existing building to accommodate the day care may require a building permit and construction per the building code. A building permit, if necessary, should be obtained prior to commencing the day care use. 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. There are existing hydrants serving the property. There is adequate access to the property from the public road system. The day care use will require a fire sprinkler system under fire code that will need to be installed prior to using the building for that purpose. Station 61 is approximately one mile from the subject property giving good response time. C. Water: City water is available in Northridge Drive and currently serves the property. The proposed use will continue to have access to water. d. Sewer: There is an existing sewer main Northridge Drive that currently serves the property. The proposed use will continue to have access to sewer. e. Storm Water Drainage: Since there are no expansions of the building or parking lot, there are no additional storm drainage requirements. f. Solid Waste: Solid waste pick-up will be provided by the City. g. Streets: The development would front on Northridge Drive. The street is already developed to the appropriate standard, other than a sidewalk. h. Sidewalks: The property frontage does not include a sidewalk, which should be constructed in accordance with city Standards for Design and Construction in order to mitigate impacts on the road network. The Transportation Plan shows Northridge Drive as a minor collector along the property frontage reflecting its function as the primary street through the area. Protecting pedestrians is particularly important along a collector street and given the new use introduced on the property. i. Schools: This site is within the boundaries of School District 95. As a non- residential use, any impact on the schools would be limited, although day cares can serve a complementary function. j. Parks and Recreation: There are no impacts on city parks from the proposed use. 4. Neighborhood impacts: a. Traffic: Traffic would access the property via Northridge Drive. As noted above, based on the type of use and projected number of trips generated, a Traffic Impact Study ("TIS") is not required until the day care would serve 73 children. Since initial plans would only serve 48 children, a TIS should be required before they exceed 73 children. It would be appropriate to allow the use to begin, but have a condition of approval that the capacity is limited to no more than 73 children unless a TIS is submitted to the Public Works Department for review and approval based upon the full number of children/employees and with implementation of any recommended mitigation from the TIS. b. Noise and Vibration: The development of the property as a day care has the potential to generate additional noise when children are outside on the playground area. Fencing as provided for in the zoning ordinance as a possible condition would serve to help mitigate the additional noise. C. Dust, Glare, and Heat: The use of the property as a day care center would not generate any unreasonable dust, glare, and heat. d. Smoke, Fumes, Gas, or Odors: The development of the property as a day care center will create minimal additional smoke, fumes, gas and odors. K e. Hours of Operation: The hours of operation are anticipated to be from 6:00 AM to 6:00 PM, Monday through Friday. The hours are consistent with hours that would be expected of a day care. 5. Consideration of historical use patterns and recent changes: The property is in an established residential area with predominantly single-family homes. The largest use in the immediate neighborhood is Northridge Lutheran Church with the Middle School to the south and a commercial corridor along Highway 93 to the east. The proposed use would be located in the existing church building with outdoor space within existing church grounds. A day care center is consistent with 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 Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt staff report #KCU-23-02 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. Appropriate licensing for the use from the State of Montana Department of Public Health and Human Services shall be obtained and maintained. 4. The location of the play area and fencing plan shall be submitted to the City of Kalispell Planning Department for review and approval and installed prior to beginning operations at the day care. 9 5. Per Section 27.34.050(2)(b) of the zoning ordinance, any signage shall be architecturally compatible with the primary building. 6. Any fire code requirements (e.g. fire sprinkling) shall be installed prior to commencement of the day care use. 7. A sidewalk shall be constructed in the right-of-way across the full frontage of the property in accordance with city Standards for Design and Construction. 8. Capacity of the day care is limited to no more than 73 children unless a Traffic Impact Study is submitted to the Public Works Department for review and approval based upon the full number of children/employees and with implementation of any recommended mitigation from the study. 9. A building permit, if necessary, shall be obtained prior to commencing the day care use. 10 Development Services CITY �F Department Kalispell, MT 59901 1K:A11ASPE1L1L 201 1st Avenue East Phone (406) 758-7940 CONDITIONAL USE PERMIT Email: planning(aDkalispell.com Website: www.kalispell.com Project Name ILC Northridge Property Address 323 Northridge DR Kalispell, MT 59901 NAME OF APPLICANT Immanuel Lutheran Communities Applicant Phone 406-890-8005 Applicant Address 185 Crestline Ave City, State, Zip Kalispell, MT 59901 Applicant Email Address djolly@ilccorp.org If not current owner, please attach a letter from the current owner authorizing the applicant to proceed with the application. pg . OWNER OF RECORD Northridge Lutheran Church Owner Phone (406)752-0322 Owner Address 323 Northridge DR City, State, Zip Kalispell, MT 59901 Owner Email Address office@northidgelutheran.org CONSULTANT (ARCH ITECTIENGINEER) Jackola Engineering & Architecture, PC Phone (406)755-3208 I Address 2250 Hwy 93 South City, State, Zip Kalispell, MT 59901 Email Address ttonjum@jackola.com POINT OF CONTACT FOR REVIEW COMMENTS Tyler Tonjum Phone (406)755-3208 Address 2250 Hwy 93 South City, State, Zip Kalispell, MT 59901 Email Address ttonjum@jackola.com List ALL owners (any individual or other entity with an ownership interest in the property): Northridge Lutheran Church (ILC will operate the day care) Legal Description (please provide a full legal description for the property and attach a copy of the most recent deed): NORTHRIDGE HEIGHTS SECTION 4, BLOCK 012, Lot 002, EXCEPTING ALT. PARCEL A, AMMENDED SUBDIVISION PLAT OF LOTS 5 AND 6, BLOCK 12, NORTHRIDGE HEIGHTS SECTION 5 AND LOT 2, BLOCK 12, NORTHRIDGE HEIGHTS SECTION 4, IN THE NORTHEAST 1/4 OF WEST, FLATHEAD COUNTY, MONTANA. SUBJECT TO EASEMENT OF RECORD. TT Please initial here indicating that you have verified the description with the Flathead County Clerk and Recorder and that the description provided is in a form acceptable to record at their office. see pages 13-17 for notes from plat room. 12 Development Services 11, car Department KALISPELL ho 1st Avenue East Kalispell, MT 59901 Phone (406) 758-7940 1. Zoning District and Zoning Classification in which use is propsed: R3 2. 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 pg.7 pg.7 pg.4 pg.4, pg.6 NA pg.6 pg.6 ,, pg.4 pg.4 NA pg.4 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 pg. g A b. Access to and circulation within the property pg. g B c. Off-street parking and loading pg. g C d. Refuse/garbage collection and service areas pg. g D e. Utilities (water, sewer, electric, etc.) pg. g E f. Screening and buffering pg. g F g. Signs, yards and other opens spaces pg. g G h. Height, bulk and location of structures pg. g H i. Location of proposed open space uses pg. g 1 j. Hours and manner of operation pg. g ,j k. Noise, light, dust, odors, fumes, vibration, glare and heat pg. g K I. Storm drainage pg. g L m. Fire/Police pg. Q M 5. Attach supplemental information for proposed uses that have additional requirements (consult Planner) I hereby certify under penalty of perjury and the laws of the State of Montana that the information submitted herein, on all other submitted forms, documents, plans or any other information submitted as a part of this application, to be true, complete, and accurate to the best of my knowledge. Should any information or representation submitted in connection with this application be incorrect or untrue, I understand that any approval based thereon may be rescinded, and other appropriate action taken. The signing of this application signifies approval for the Kalispell City staff to be present on the property for routine monitoring and inspection during the approval and development process. Applicant Signature 04/11 /2023 Date Development Services CYY car Department 201 nue KALISPELL hone ( 06) 758 East Kalispell, MT 59901 Phone�406)758-7940 APPLICATION PROCESS (application must be received and accepted by the Kalispell Planning Department 35 days prior to the Planning Board Hearing) A pre -application meeting with a member of the planning staff is required. Application Contents: 1. Completed application form & attachments 2. A bona fide legal description of the subject property and a map showing the location and boundaries of the property. *Note - verify with the Flathead County Clerk & Recorder that the legal description submitted is accurate and recordable. They can be reached at (406) 758-5526. 3. Electronic copy of the application materials submitted. Either copied onto a disk or emailed to planning@kalispell.com (Please note the maximum file size to email is 20MB) 4. Application fee based on the schedule below, made payable to the City of Kalispell: Single Family (10 or fewer trips per day) Minor Residential $250 (2-4 units or 11-49 trips per day) $300 + $25/unit or every 10 trips Major Residential (5 or more units or 50+ trips per day) $350 + $50/unit or every 10 trips Churches, schools, public/ auasi-public uses Commercial, industrial, medical, golf courses, etc $350 $400 + $50/acre or unit or $.05/sf of leased space over 5,000 scl ft whichever is qreater sy;6iaH a6pug3 ON �O L E HounHO NVUb Mini A901UHIHON (n LU LU / J y T -55 01 szoznazo WOOTIONOvrMAW _ � N s41518H a6pu411oN Ho21f1HO Ntd3Hlfli 3JaRIH12iON (n cn O p _K czozM/ZO woo viomovrmAw bNV1NOW '113d511b'>I „d 1S3MHlaON 3AIHO 3JQIHHIHON EEE 0 4 y� S10311HOa�d HOHnHO Nda3Him 3901dHiHON CD �� Stl01H31N1 � �fJMMlid � 91JItl�IJarE � 31N.'HLICgV nP� •" FUT a NQRTHRIDG' HEIGHTS SECTION FOUR LttATeD IN THE S I/2. NE 1/4 0 SEc - l NORTH— R RK ADDn N, SECTION 4 T 28 N., R22 W, P MM. srv..no FL° zxu., nu.0 F A —AD CaONTY, MON— rw R,,,xa. n— D—D 8 < Y ALL SURROUNDING / ZONED R-p ne ,y�qy(q�/� All \\ s vy 44 NA .; •I � ., bib & •� � � gym �.8 „� '. � .,, 4 a t8 Y3�m � �y�, a ° ,,.•• ;e ,�9qM<�� S� ....,. °&ar / bm .n°,<.�\y, .m .,., ..m,.+'�, $ -. _-.ice .: aS .....,.. c.,.... x........,,<, ,. c,...... R,x...,,. °rrf^• .ems. ..,,.,,.. .c, ......... . ....... .Arvin- ` e - v -— CW:l':::. i ,.-r.r n... .....,........ n,....,,., . Sys>4b:. :.w: •r?::.... ,,gee .x .......qr. n.n�r<yum °xnm¢ x r Narrative: The Northridge Lutheran church would like to provide a daycare service. The only construction required to allow this service is the addition of a fire sprinkler system to the church building. There will be no changes to the exterior of the building. A new fire service will be brought into the building from the water line in Northridge Drive. The current license is for 32 children ages 0-6 and 16 children under age 2, see page 10 of this document. The license would be increased as enrollment grows, up to a maximum of 100 kids ages 0-6, based on fire crew input after a walkthrough. Proposed Uses A. Traffic flow and control The property is currently accessed from four entrances off of Northridge drive. The west two entrances will primarily used for the daycare as it is accessed from the west side of the building. Traffic will not change but additional traffic is expected during the week days when the day care is in session. B. Access to and circulation within the property The property will continue to be accessed by four different locations at the South end of the site. All accesses are directly connected to Northridge Drive and interconnect with the three existing parking lots on the site. No changes will need to be made to any existing accesses to the property. C. Off-street parking and loading A total of 116 parking spaces are provided in the three existing parking lots located on the South, West, and East ends of the property. The west and south lot combine for 70 of the spaces and east lot provides an additional 46 D. Refuse/garbage collection and service areas A garbage container is located on the north west corner of the building and garbage is collected weekly, no change is anticipated. E. Utilities (water, sewer, electric, etc.) Water and sewer come from north ridge drive, power is from a transformer to the east. There will be no change to the existing utilities. F. Screening and buffering The property currently contains existing hedges/shrubs on the neighboring North, East, and West ends of the property. Various trees and shrubs buffer the property from the road to the south. G. Signs, yards and other open spaces Open spaces on the property currently consist of greenbelt areas, a playground, and a sign. The sign is located on the South end of the property along Northridge Drive and the playground is located on the North end of the property surrounded by greenbelt areas. H. Height, bulk and location of structures The existing church is located in the center of the property and is between 15 and 30 feet tall. There will be no change to the shape or size of the church. Location of proposes open space uses Open spaces may be used as outdoor play time areas. J. Hours and manner of operation The proposed building will now be open from 6:OOam-6:OOpm Monday -Friday for daycare attendees as well as the previous use. It was previously used mainly for Sunday services or community events for up to 500 people. K. Noise, light, dust, odors, fumes, vibration, glare and heat The only change anticipated in these categories is the noise generated by normal daycare use during the week. L. Strom drainage Unknown M. Fire/Police The subject property is located in the Kalispell Fire District with fire protection provided by the South Kalispell Fire Department. There is 1 existing fire hydrant on the south side of the property. Police Protection will be provided by the Kalispell Police. Q p `ti7 ioLnr" Q- -- oFF �' O In CD CD rp f9 C° z w W � N ti b •+s N ryp CD CD 0CD O a [!C O O (D W cr ry CD O O ` mR r -W M G o... _. r �° � ro n CD c a a� d o m r, et 4 W ft L �� x (n -- to mr 5 0 CL CD 0 ro w `L" m y C a O py O ao O J G. C7 ry Northridge Lutheran Church, ELCA 323 Northridge Drive • Kalispell, MT • 59901 406-752-0322 •www.north ridge Iutheran.org office@northridgeIutheran.org pastor@northridgelutheran.org Pastor: Carol Seilhymer Ministers: The People of Northridge February 27, 2023 To Whom it May Concern, Please use this letter as authorization for Immanuel Lutheran Communities to act on behalf of Northridge Lutheran Church, ELCA in regards to the Conditional Use Permit and fire suppression sprinkler system processes in order for Growing Roots Early Learning Center to create licensable space in our building. Thank you Anne Castren Paul Menssen Co- Congregational Presidents 7M Northridge Lutheran Church invites you to a Neighborhood Information Session Come learn more about how our church is partnering with Immanuel Lutheran Communities to address the significant community need for childcare availability. Light appetizers and beverages will be served. Monday, March Zoth 7:00PH1 323 Northridge Drive Kalispell, MT Immanuel Lutheran COMMUNITIES — 01' 2001220 W(ao QUITCLAIM DEED FOR VALUABLE CONSIDERATION, the receipt of which is acknowledged, the O undersigned, NORTHRIDGE LUTHERAN CHURN, does hereby remise, release and quitclaim unto WILLIAM A. JANES & M. JOAN JANES all right, title and interest of GRANTOR in and to the following described premises in Flathead County, Montana, to -wit; } CRa- Amended Subdivision Plat of Lot 6A of the Amended Subdivision Plat of nd 6, Block 12, Northridge Heights Section 5 and Lot 2, Block 12, e Heights Section 4, in the Northeast % of Serdeil�; Towns-hip-28-Farth, West, Flathead County, Montana. o easements of record. DATED this day ofA, 204 1 4�' ' p NORTHRIDGE LUTHER�ANN CHURCH O BY: w STATE OFb�&�.�. CC County o This 'Unstrument, was acknowledged before me o , 200 of the NOR GLVLUTHERAN CHURCH. Notary Public fo the fate f Residing at My Commission Expires /0-- �''T�Rtiur>t6; William & M. Joan Janes P.O. Box 843 Kalispell, MT 59903 STATE OF MCWTANq County o letheed Racardod at th uest of _ _this o'tlork M Qad rsu rd d I rtra ca of Fielhaaa :,n ty, Stato FOR S 9.9 Qp pot 14 ILE z I Otis ti A all DEED + WARRAUTi' GP.F:G This 1tINFMUhl:, made thls -�day of 1170, by and between: n 111MIL£HEFI LUTHERAN CHURCH. a Montana non-prorit Corp. retion, tha llartyoF tho firnt part; and N01MIRIGGE LGTIIERAR CHURCH, a Montana non-pro€il, Corporation. Kalispell, Montana, the party or the second part. 14 ITN EBB E T 11; That the said party of the first part, for and in consideration of the sum of 510.00 to it In hand paid by the said party or the second part, tho race Ept of which is hereby acknowledged, do hereby grant, bargain, sell and convey unto the said party of the second part, and to its successors and ass.igns forever upon the conditions hercinafter stated, all the land 6itunte, lying and being in Cho County of Flathead and state or Montana, and iarticularly described as En11—w ; A tract of land located in tlee 5y, nElj, Section 1, 20 N-, it 22 w., 1+.M.H., Flathead County, Fontana, being rare particularly bounded and described as follows, to-wiL; Beginning at a paint which is 5 89.19'18" E., a distance of 1010.57 feet an and along the Fast -West Fildsaction Line of said Section 1 and north a distance of 174.73 feet from the Center Ono-,luarter LC§) corner of said Suction 1; thence, north 89°19`20" w. a distanco or 51.20 feet to a point on a circular curve; thence (In and along last said curve to the right with a radius of 1270.0 feet, a distance of 162.30 feet, thanes N 82°00'00" 1f. a dis tanca of 119-6B feet. to a point on a circular curve: thence On and along lnst nail curve to the right with a radius of 546.53 feet, a distance of 159.4G fact; n thaes u 14143'00" E. a distnnea of 296.65 feet; thence it 36°45'29" E. a dintancn nE. 25.38 feet; thence S BB°09'59' E. a di=-.kanr_ or 80.72 feet. thence 5 72.25'02" E. a distance or 78.21 fact; thence S 56:54:57: F.. a distance of 78-21 feat; thence S 414708E. a distance or E1.28 feet,- thence s 29°39106" E. a distance or 83.65 feet; thence S 21.25'00" E. a disLanca or 80.45 Feet; thence S 0040"-1 :i. a diattu;cc of 117.O0 feet to the point or beginning, Containing 2.822 acres r..orc or loss. M Printed: Tuesday, April 11, 2023 11:00:0 9 FLkTHKAD COLUM LAND INFORMATION SYSTEMJ Inquir .1 by PLkT ROOM INQUIRY ACCOUNT INFORMALTION kS OF 04/11/2023 Assessor # E031100 Year F231 Geocode I I A E031100 75 K 1M NORTHRIDGE LUTBERAN CHURCH 4M 323 NORTHRIDGE DR R7-'LISPELL MIT 59901 61 NORTHRIDGE HEIGHTS SEC 4 01 28 22 NR4 NO IALUE RECORD WKS FOUND ZFOR ASSRNO/'T.EAR NO PERS PROP RECORD WAS FOUND YOR AISSRNO/11AR. ALL DATA, HAS BEEN DISPLAYED, ,2 FIX A 12 YR=2.2 CEO - 07396501113090000 Lauk LM STR 21DY. X7 Im SVB 0 11 April 2023, 10:55:50 - Inquiry Request Printed: Tuesday, April 11, 2023 11;00:09 e ie ti, P f 5 rr a � �. � ��y•� �� ...r..--..sue.^'-' ��r..--�.' .".�.}- [ , 3 z j S n r � are ,fit S g 99 ; -. � � yss^ S}k9 4 {g� �, _. ,. 1,,.� i r � �iYY y d'.• l �� I ; V -% y :;s-5 + rR � '�•^ 33 r rl 'M �' - €� �1 r'3!� i �e '� imj s 0 p i 4 z S Q-!,,4-D -n Zrt.� CD CL 0..i eG. m � N QCs ` N 3r� (D 0 co Q V7 rt o 3 00 IIl 0 0 CL 0 W� At jll� CITY OF Kalispell Zoning KALISPELL -77 Northridge Lutheran Church ® Subject Parcel P-1 Public —71 — R 3 Residential R 3 Residential w/PUD R-3/PUD Residential With Pud Rarrmsg to e Data Sources: Montana Cadastral, Flathead County GIs City of Kalispell GIs, Austin Bachurski - April 7, 2023 l_ R-3 Residential N 0 105 210 420 630 Feet Basemap: Esri Community Maps, ArcGIS.com CITY�7�'114& Kalispell Growth Policy KALISPELL Northridge Lutheran Church ® Subject Parcel Urban Residential Public Or Public/Quasi Public, Openspace Openspace urDan Resid ine atine at Data Sources: >u bjet Pa rce lI Public Or Openspace Public Or Openspace Montana Cadastral, N 0 105 210 420 630 Flathead County GIs Feet City of Kalispell GIs, Basemap: Austin Bachurski - April 7, 2023 Esri Community Maps, ArCGIS.com CITY OF K®Subject Kalispell Mailing List Parcel KALISPELL Northridge Lutheran Church 0 Mailing List Parcels 0 Other Parcels 11"Ito p q ve Kir-- � Or Data Sources: RE Q c 0 Montana Cadastral, N 0 50 100 200 300 Flathead County GIs. Feet City of Kalispell GIs, Basemap: Austin Bachurski - April 7, 2023 Esri Community Maps, ArCGIS.com Kirstin Robinson From: clevidence@bresnan.net Sent: Tuesday, May 9, 2023 9:11 AM To: Kirstin Robinson Subject: EXTERNAL comments about file number KCU- 23 -02, the application for a manual Lutheran community's conditional use permit To whom it may concern, Please accept these comments about file number KCU— 23 —02, the application for a manual Lutheran community's conditional use permit for a daycare center at Northridge Lutheran Church located at 323 Northridge Dr. as I have owned a neighboring home for close to 25 years to the church at this location. While the Northridge Lutheran Church is a good neighbor and although their use primarily on Sunday does occasionally create overflow parking in the street it is not at a time when there is significant other use from residents. The proposed use of a daycare center with between 48 and 100 children would create extensive extra traffic at a time when the overused Northridge Drive is at its busiest. Certainly, there would be an additional car twice a day for nearly every student. The additional traffic would heighten the risk of the junior high students who walk every day on Northridge Drive which has no sidewalks and is one of the longer uncontrolled streets in the city. It is also one of the least patrolled as the last traffic patrol I have seen on Northridge was from Frank Gardner at my request and he did post units for a short while after that several years ago. The access to the highway on Northridge is often overcrowded to the point that people are all lined up behind the first cross street already and I frequently hear honking and tire screeches at the uncontrolled intersection of Northridge and Hilltop, which is a 15mph speed zone due to no visibility and it leads down to the Junior high so it has pedestrian traffic from them daily. The city has already allowed substantial new development that in part or primarily depends on Northridge Drive as its arterial which was never intended when the community was created. The development of Empire Estates, Northland and the current additional development on the new portion of Northridge Drive all have added to the traffic without any changes being made to the roadway or walkways for the public. Increasing traffic without modifying the infrastructure or having a plan for traffic enforcement is irresponsible and it changes the nature of the neighborhood to its detriment. As a neighbor of the church, if I was to develop a plan to create a 50-100 child daycare on my property in my residential zone no one would consider that feasible or allowable. It should not be allowed for the Northridge Lutheran Church to create this additional commercial use either. I would urge the planning board and zoning commission to deny this conditional use permit. Craig Clevidence 406-253-7511