03. Resolution 5553 - Annexation Request - North Star AssociatesPlanning Department
201 1" Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.kalispell.com/planning
REPORT TO: Kalispell Mayor and City Council
FROM: Sean Conrad, Senior Planner
Charlie Harball, Interim City Manager
SUBJECT Annexation and Conditional Use Permit to operate a residential care facility in
an R-2 (Residential) zoning district
MEETING DATE: April 2, 2012
BACKGROUND: The Kalispell City Planning Board met on March 13'h and held a public hearing
to consider a request from North Star Associates to annex 1.35 acres of land and zone the land R-2
(Residential) upon annexation. In addition to the annexation the applicant requested a conditional use
permit to convert and expand an existing building on the property into a residential care facility. The
residential care facility will offer counseling and therapy for patients with eating disorders. The
residential care facility will be approximately 18,500 square feet in size and will be operated on a 24
hour/7 days a week basis.
The 1.35 acre property is located at 3201 Highway 93 North on the east side of the highway
approximately'/ of a mile south of the intersection of Highway 93 and Ponderosa Lane. The
property can be legally described as Tract A as shown on Certificate of Survey No. 17674 located in
Section 19, Township 29 North, Range 21 West, P.M.M., Flathead County, Montana.
Kalispell Planning Department staff presented staff reports KAl2-1 and KCU12-1, reviewing both
the proposed annexation and conditional use permit requests. Planning staff recommended approval of
the annexation with the initial zoning of R-2 (Residential) and the conditional use permit subject to
the 13 conditions listed in the staff report.
During the public hearing, the applicant's architect, Ken Williams, spoke in favor of the proposed
project. Mr. Williams did request the planning board consider amending condition #7 regarding the
extension of water and sewer mains. Mr. Williams felt that it didn't make sense to extend sewer and
water to the eastern edge of the property line and then find out that the adjacent property owner needs
sewer and water in some other location. After Mr. Williams, one other neighboring property owner
spoke in favor of the project.
During the planning board's discussion on the annexation request a motion was made and seconded
recommending the city council annex the property and zone the property R-2 (Residential) upon
annexation. The motion was unanimously approved.
The planning board then discussed the conditional use permit request. A motion was made and
seconded to amend condition #7 as follows:
"The developer shall extend water and sewer main lines fFem Highway 93 ,.ight e flw y 4a he
in accordance with Public Works standards. The plan for the
extension shall be reviewed and approved by the Public Works Department prior to
construction."
This motion was unanimously approved.
A motion was then made and seconded to amend condition #4 to read as follows:
"The facility operator shall receive an administrative conditional use permit prior to changing
the nature of clients the facility services. Proof of licensing must be submitted to the City
of Kafispell and annual proof of renewal must be submitted to the City of Kalispell
within 15 days of the renewal."
Some of the planning board members felt the amendment to condition #4 would provide oversight
and consistency to what the council has required of group homes. One of the planning board
members commented that if the zoning was anything but residential he did not think the amendment
to condition #4 would be needed.
Other planning board members argued against the amendment because they felt condition #4, as
written in the staff report, covers any significant change in the character of the facility. One of the
planning board members stated "If they lose their state license they will be either out of business or
will want to change the character of the facility and in that case the CUP already addresses the fact
that they would be required to come back for another administrative or regular CUP."
The motion to amend condition #4 failed on a vote of 2 in favor and 5 opposed.
The planning board then voted on the main motion to recommend approval of the conditional use
permit subject to the 13 conditions as amended by the planning board. This motion passed
unanimously.
RECOMMENDATION: A motion to approve the annexation, zone the property R-2 and approve
the conditional use permit with the 13 conditions recommended by the planning board would be in
order.
FISCAL EFFECTS: Minor positive effects once annexed.
ALTERNATIVES: As suggested by the city council.
Respectfully submi ,
Sean Conrad
Senior Planner
Report compiled: March 26, 2012
c: Theresa White, Kalispell City Clerk
Charlie Harball
Interim City Manager
F)
Return to:
Kalispell City Clerk
PO Box 1997
Kalispell, MT 59903
r ' ri is i i. <•,rr i ,,
r;
WHEREAS, the City of Kalispell has received a petition from NorthS tar Associates, the owner of
property located on the east side of Highway 93 North, approximately one quarter
mile south of the intersection of Highway 93 North and Ponderosa Lane, requesting
that the City of Kalispell annex the territory into the City; and
WHEREAS, the Kalispell Planning Department has made a report on the petitioner's Annexation
Request, #KA-12-01, dated March 6, 2012; and
WHEREAS, the Kalispell City Planning Board and Zoning Commission recommended that the
territory be zoned City R-2, Residential, on approximately 1.35 acres upon
annexation into the City of Kalispell; and
WHEREAS, the City of Kalispell desires to annex said property in accordance with Title 7,
Chapter 2, Part 46, Montana Code Annotated.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL AS FOLLOWS:
SECTION I. That all the real property as described on Exhibit "A" below be annexed to
the City of Kalispell and the boundary of the City is altered to so provide, and
shall be known as NorthStar Addition No. 417.
SECTION II. Upon the effective date of this Resolution, the City Clerk is directed to make
and certify under the seal of the City, a copy of the record of these
proceedings as are entered on the minutes of the City Council and file said
documents with the Flathead County Clerk and Recorder.
From and after the date of filing of said documents as prepared by the City
Clerk, or on the effective date hereof, whichever shall occur later, said
annexed territory is part of the City of Kalispell and its citizens and property
shall be subject to all debts, laws and ordinances and regulations in force in
the City of Kalispell and shall be entitled to the same privileges and benefits
as are other parts of the City.
SECTION III. The territory annexed by this Resolution shall be zoned in accordance with
the Kalispell Zoning Ordinance.
SECTION IV. This Resolution shall be effective immediately upon passage by the City
Council.
Theresa White
City Clerk
Tammi Fisher
Mayor
LEGALEXHIBIT A
! .
NORTHSTAR ASSOCIATES
The property is described as Tract A as shown on Certificate of Survey No. 17674 located in Section
19, Township 29 North, Range 21 West, P.M.M., Flathead County, Montana.
! • A' (COVIt �I O
March 2, t'
PROJECT DETAILS
!Number of acres proposed to be annexed:
Number of commercial units:
Assessed value per property.
1. COST OF SERVICES
Costs based on commercial acres
1.35
Fire:
$1,269
Police:
$1,621
Administration:
$193
Solid Waste:
$0
Costs per dwelling unit or Equivalent Residential Unit (ERU):
1
Roads:
$0
Water:
$198
Sewer:
$108
Wastewater Treatment:
$652
Stormwater:
$348
TOTAL ANTICIPATED COST OF SERVICE _
$4,389
2. ANTICIPATED REVENUE GENERATED
Assessments based on average square foot per lot: 58,800
Storm sewer assessment: $587
Street maintenance assessment: $1,060
Urban forestry assessment: $101
Light maintenance assessment: $0
Special assessment: $0
Sewer and water bill $2,000
TOTAL ANTICIPATED REVENUE = $3,748
3. TAX REVENUE
Assessed value per property: $4,250,000
Taxable market value: $3,336,250
Total taxable value: $82,405
Total additional revenue based on city mill levy: $13,133
TOTAL ESTIMATED TAX REVENUE _ $13,133
4. IMPACT FEES
Sewer impact fee:
$28,213
Water system impact fee:
$17,705
Stormwater impact fee
$9,080
Police impact fee
$296
Fire impact fee
$6,475
TOTAL ESTIMATED IMPACT FEE _
$61,769
[.yll�rn/T.'31
1.35
1
$4, 250, 000
5. TOTAL ANTICIPATED REVENUE GENERATED TO THE CITY (ITEMS 2 AND 3) $16,881
6. ONE TIME IMPACT FEE PAYMENT TO THE CITY (ITEM 4) $61,769
7. NET REVENUE TO THE CITY PER YEAR (ITEM 2 AND 3 - ITEM 1) $12,492
PLANNING FOR THE FUTURE
March 26, 2012
Charlie Harball, Interim City Manager
City of Kalispell
P.O. Box 1997
Kalispell, MT 59903
Planning Department
201 1" Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.kafispell.com/planning
Re: Annexation and Conditional Use Permit to operate a residential care facility in an R-2 (Residential)
zoning district
Dear Charlie:
The Kalispell City Planning Board met on March 13`h and held a public hearing to consider a request from
North Star Associates to annex 1.35 acres of land and zone the land R-2 (Residential) upon annexation. In
addition to the annexation the applicant requested a conditional use permit to convert and expand an existing
building on the property into a residential care facility. The residential care facility will offer counseling and
therapy for patients with eating disorders. The residential care facility will be approximately 18,500 square
feet in size and will be operated on a 24 hour/7 days a week basis.
The 1.35 acre property is located at 3201 Highway 93 North on the east side of the highway approximately
of a mile south of the intersection of Highway 93 and Ponderosa Lane. The property can be legally described
as Tract A as shown on Certificate of Survey No. 17674 located in Section 19, Township 29 North, Range 21
West, P.M.M., Flathead County, Montana.
Sean Conrad, with the Kalispell Planning Department, presented staff reports KAl2-1 and KCU12-1,
reviewing both the proposed annexation and conditional use permit requests. Mr. Conrad recommended
approval of the annexation with the initial zoning of R-2 (Residential) and the conditional use permit subject to
the 13 conditions listed in the staff report.
During the public hearing, the applicant's architect, Ken Williams, spoke in favor of the proposed project. Mr.
Williams did request the planning board consider amending condition #7 regarding the extension of water and
sewer mains. Mr. Williams felt that it didn't make sense to extend sewer and water to the eastern edge of the
property line and then find out that the adjacent property owner needs sewer and water in some other location.
After Mr. Williams, one other neighboring property owner spoke in favor of the project.
During the planning board's discussion on the annexation request a motion was made and seconded
recommending the city council annex the property and zone the property R-2 (Residential) upon annexation.
The motion was unanimously approved.
The planning board then discussed the conditional use permit request. A motion was made and seconded to
amend condition #7 as follows:
"The developer shall extend water and sewer main lines from Higl w ay O2 -;-I,+ -r « a• *e *h®®as*em
edge of the pfopefty in accordance with Public Works standards. The plan for the extension shall
be reviewed and approved by the Public Works Department prior to construction."
This motion was unanimously approved.
A motion was then made and seconded to amend condition #4 to read as follows:
"The facility operator shall receive an administrative conditional use permit prior to changing the
nature of clients the facility services. Proof of licensing must be submitted to the City of Kalispell
and annual proof of renewal must be submitted to the City of Kalispell within 15 days of the
renewal."
Some of the planning board members felt the amendment to condition #4 would provide oversight and
consistency to what the council has required of group homes. One of the planning board members commented
that if the zoning was anything but residential he did not think the amendment to condition #4 would be
needed.
Other planning board members argued against the amendment because they felt condition #4, as written in the
staff report, covers any significant change in the character of the facility. One of the planning board members
stated "If they lose their state license they will be either out of business or will want to change the character of
the facility and in that case the CUP already addresses the fact that they would be required to come back for
another administrative or regular CUP."
The motion to amend condition #4 ailed on a vote of 2 in favor and 5 opposed.
The planning board then voted on the main motion to recommend approval of the conditional use permit
subject to the 13 conditions as amended by the planning board. This motion passed unanimously.
Please schedule this matter for the April 2, 2012 regular City Council meeting. You may contact this board or
Sean Conrad at the Kalispell Planning Department if you have any questions regarding this matter.
Sincerely,
Kalispell City Planning Board
John Hinchey
President
Attachments: Conditions of Approval
Staff Reports #KA-12-1 and KCU-12-1 and supporting documents
Draft minutes from the 3/13/12 planning board meeting
c w/ Att: Theresa White, Kalispell City Clerk
c w/o Att: NorthStar Associates,c/o MedNorth, 2136 Highway 93 North, Kalispell, MT 59901
Ken Williams, PO Box 1046, Whitefish, MT 59937
HUMS
11ORTHSTAR ASSOCIATES
KALISPELL CITY PLANNING;l,,R
MARCH 13,2012
The Kalispell City Planning Board held a public hearing on this matter at their meeting on March 13, 2012.
The following conditions are recommended with approval of the conditional use permit:
On -fig conditions:
1. That commencement of the approved activity must begin within 18 months from the date of
authorization or that a continuous good faith effort is made to bring the project to completion.
2. Development of the site shall substantially comply with the approved site plan dated October
2, 2011.
The property owner shall waive their right to protest a special improvement district for the
construction of a bike path (condition 8) along the property's frontage.
4. The facility operator shall receive an administrative conditional use permit prior to changing the
nature of clients the facility serves.
Prior to the issuance of a building permit:
5. A parking lot plan drawn in accordance with section 27.24.030(3) of the zoning ordinance
shall be submitted prior to the issuance of a building permit. The plan shall also include an
approximate time for parking lot paving. The parking lot plan shall be reviewed and approved
by the Planning Department.
6. A stormwater management plan designed in accordance with the city's stormwater standards
shall be submitted to the Public Works Department for review and approval.
7. The developer shall extend water and sewer main lines in accordance with Public Works
standards. The plan for the extension shall be reviewed and approved by the Public Works
Department prior to construction.
8. A revised landscape plan shall be provided to the Parks and Recreation Department for review
and approval. The plan shall specify groundcover, tree and shrub type and size at the time of
planting around the building and the parking area.
9. The property owner shall sign a waiver of right to protest a special improvement district (SID) for
the construction of a bike path along the property's frontage adjacent to Highway 93.
Prior to the issuance of a Certificate of Occupancy
10. The parking lot shall be constructed in accordance with the approved plan.
11. The approved storm water plan shall be implemented with any conditions required on the plan
by the Public Works Department.
12. The water and sewer main lines shall be installed per the approved plan.
13. All landscaping shall be installed per the approved landscape plan or bonded for.
NORTHSTAR ASSOCIATES
REQUEST FOR INITIAL ZONING OF R-2, UPON ANNEXATION
STAFF REPORT #KA-12-1
AND REQUEST FOR A CONDITIONAL USE PERMIT TO OPERATE
RESIDENTAIL CARE Y#CILITY 1i
MARCH 6, 2012
A report to the Kalispell City Planning Board and the Kalispell City Council regarding a
request to annex into the city limits with the initial zoning designation of R-2 upon
annexation. The owner is also requesting a conditional use permit to operate a
residential care facility on the property. A public hearing has been scheduled before
the Kalispell City Planning Board for March 13, 2012 beginning at 7:00 PM, to
consider the annexation request, the appropriate zoning for the property to be
annexed and the conditional use permit. The planning board will forward a
recommendation to the Kalispell City Council for consideration.
The owners have petitioned for annexation and an initial zoning designation of R-2, a
residential district, on an existing lot approximately 1.35 acres in size. The owners are
requesting a conditional use permit to operate a residential care facility in conjunction
with the annexation application. The facility will connect to the city's water and sewer
mains located in the adjacent highway right-of-way.
This report evaluates the annexation request and the appropriate assignment of a city
zoning classification in accordance with Section 27.03.010(4) of the Kalispell Zoning
Ordinance. This property will be annexed under the provisions of Sections 7-2-4601
through 7-2-4610, M.C.A., Annexation by Petition.
This report also evaluates the request for a conditional use permit to operate a
residential care facility in the R-2 zoning district in accordance with Section 27.33.080
of the Kalispell Zoning Ordinance.
A. Petitioner/Owner: NorthStar Associates
c/o MedNorth
2136 Highway 93 North
Kalispell, MT 59901
(406) 755-5661
Architect: Ken Williams
PO Box 1046
Whitefish, MT 59937
(406) 862-6462
B. Location and Legal Description of Property: The 1.35 acre property is located
at 3201 Highway 93 North on the east side of the highway approximately 1/4of a
mile south of the intersection of Highway 93 and Ponderosa. Lane. The property
can be legally described as Tract A as shown on Certificate of Survey No. 17674
located in Section 19, Township 29 North, Range 21 West, P.M.M., Flathead
County, Montana.
Figure 1: Aerial view of the property
C. Existing Land Use and Zoning: The property has an existing commercial
building, approximately 9,700 square feet in size. This building is currently
vacant but was most recently occupied by "Montana Homefitters".
The current county zoning on the property is County SAG-10 (Suburban
Agricultural). This district is defined as "A district to provide and preserve
agricultural functions and to provide a buffer between urban and unlimited
agricultural uses, encouraging separation of such uses in areas where potential
conflict of uses will be minimized, and to provide areas of estate -type residential
development." Permitted uses in this district are generally limited to single family
homes and agricultural uses. The conditionally permitted uses allow some non-
residential uses but those are limited to churches, daycare centers, bed and
breakfasts, schools and golf courses. The minimum lot size requirement of the
County SAG-10 zoning district is 10 acres. The previous use as a retail home
furnishings business occurred as a grandfathered non -conforming use which
predated the original county zoning on the property.
D. Proposed Zoning: The proposed R-2, Residential, zone allows single-family
residences and has a minimum lot size requirement of 10,000 square feet and a
I
E. Size: The area proposed for annexation and zoning contains approximately 1.35
acres.
F. Adjacent Land Uses and Zoning: The land immediately adjacent to the project
site is vacant except for a small metal Quonset storage building on the property
south of the project site. During a site inspection of the project site the metal
building appeared to be unoccupied.
North: Vacant, County SAG-10
West: Golf Course, County SAG- 10
South: Vacant commercial building, County SAG- 10
East: Vacant, County SAG-10
G. General Land Use Character: The general land use character of this area can be
described as a mix of agricultural lands with non residential uses to the south
and west. The non residential uses include a church and Montana Department
of Transportation facility to the south and Big Mountain golf course immediately
west, across Highway 93.
H. Utilities and Public Services: All available public services and facilities are
available to the property owner. Water and sewer main lines are located within
the Highway 93 right-of-way. If annexed, the owner would have to pay the
appropriate impact fees for water and sewer connections and a late comer's fee
prior to connecting to the city's water line.
Sewer: City sewer main if annexed
Water: City water main if annexed
Refuse: Contract hauler
Electricity: Flathead Electric Cooperative
Telephone: CenturyLink
Schools: School District #5, Kalispell
Fire: West Valley Fire Department (currently) Kalispell Fire
Department if annexed
Police: Flathead County Sherriff Department (currently) Kalispell
Police Department if annexed
Compliance with the growth policy:
The city council has adopted an annexation policy with a corresponding map as
an addendum to the city's growth policy document. The purpose of the
annexation policy is to give the planning board, the council and the
development community direction when property owners outside of the city
limits are requesting municipal services and annexation. The property
requesting annexation falls inside the annexation boundaries for property
owners to request direct annexation into the city.
Public water and sewer main lines are located west of the property requesting
annexation. The main lines are within the right-of-way for Highway 93. If
annexed, the property would have access to connect with the water and sewer
0
main. lines provided the appropriate impact fees, late comer fees and necessary
permits are obtained from the city first.
2. Municipal Services:
As stated above water and sewer main lines are located immediately adjacent to
the west of the property. These main lines are adequate to serve the needs of
the proposed residential care facility. Given the close proximity to existing
services, annexation of the property will not overburden the municipal services
currently in place.
Figure 2: Current city limits and existing city utilities in the area.
0
3. Distance from current city fin -tits:
The property requesting annexation lies within an area which has the city limits
in close proximity on two sides of the property, the east and north sides. The
map in figure 2 also provides an illustration of the current city limits in relation
to the property requesting annexation. City limits are located approximately
350 feet east of the property and 250 feet to the north.
4. Cost of services:
Once annexed to the city, full city services will be made available to the property
owner. Any necessary infrastructure associated with this development will be
required to be constructed in accordance with the City of Kalispell's Design and
Construction standards and any other development policies, regulations or
ordinances that may apply. When annexed, the owners intend on connecting to
the city's water and sewer mains. In accordance with city standards, the owner
will also need to extend water and sewer main lines from Highway 93 to the
property's eastern boundary. A review of the facility's needs with regard to city
services is as follows:
Services:
Streets: The property, once annexed, will not impact the city's street
system since access to the property is from Highway 93, a federally
funded highway and a private access driveway.
Parks: There will be no impacts to the city's park system because the
current and future use of the property as a residential care facility will
not add to the permanent population of the city.
Police: The police department regularly travels this length of Highway 93
to patrol areas in the Silverbrook subdivision, north of the property.
Annexing the property will not require the police department to go out of
their way to patrol or respond to a call.
Fire: The facility may need to call upon the fire department if there is a
fire or medical emergency. However, the Kalispell Fire Department has
an interlocal agreement with the West Valley Fire Department, who
currently serves this property. Even if the property were not annexed
into the city, if an emergency call was placed city fire and ambulance
crews would be responding based on the interlocal agreement with the
West Valley Fire Department.
® Solid Waste: The facility currently contracts with Evergreen Disposal.
Taxes:
0 General Taxes: The property will pay into the general fund if annexed.
Assessments: The property will be paying the city's assessments for
storm sewer, street maintenance, urban forestry and light maintenance.
A cost of services analysis is provided to the council on properties requesting
annexation as an indication of what it may cost to serve the future development
on the property. The analysis is only an estimate based on a variety of
assumptions. The analysis does not take into consideration changes in
methods of assessment and estimated costs associated with services. The
information can only be used as a general estimate of the anticipated cost of
services and revenue.
The attached cost of services analysis for this annexation shows approximately
$16,881 will be generated from assessments and taxes. To serve the property
with police and fire services, street maintenance, parks and water/sewer
services will total approximately $4,389. Based on these estimated figures the
annexation will add to the city's general fund by approximately $12,492.
Conclusion: The annexation request appears to be reasonable in terms of
service provisions, cost effective, in compliance with the city growth policy and
generally appropriate.
The statutory basis for reviewing a change in zoning is set forth by 76-2-303,
M.C.A. findings of fact for the zone change request are discussed relative to the
itemized criteria described by 76-2-304, M.C.A. and Section 27.29.020, Kalispell
Zoning Ordinance.
1. Does the requested zone comply with the growth policy?
The property is designated by the Kalispell Growth Policy future land use map as
"Suburban Residential" which anticipates residential development with a density
not to exceed 4 dwelling units per acre. The proposed R-2 zoning designation
permits density within the range listed in the suburban residential land use
designation.
2. Will the requested zone have an effect on motorized and non -motorized
transportation systems?
The property is currently developed with a commercial building. The building
was previously used as a retail furniture store. Once annexed and zoned R-2, the
owners intend to remodel the existing building and use it as a residential care
facility specifically for clients with eating disorders. The anticipated vehicle trips
associated with the requested R-2 zoning and intended residential care facility
will not negatively impact the highway system in this area.
3. Will the requested zone secure safety from fire, panic, and other dangers?
Adequate access is available to the site in the case of an emergency. There are no
features related to the property which would compromise the safety of the public.
All municipal services including police and fire protection, water and sewer
service are available to the area.
on
4. Will the requested zone promote the public health, safety and general welfare?
The requested zoning classification will promote the health and general welfare
by restricting land uses to those that would be compatible with the adjoining
properties.
S. Will the requested zone provide for adequate light and air?
Setback, height, and lot coverage standards for development occurring on this
site are established in the Kalispell Zoning Ordinance to insure adequate light
and air are provided.
6. Will the requested zone facilitate the adequate provision of transportation, water,
sewerage, schools, parks, and other public requirements?
All public services and facilities are currently available or can be provided to the
property. Development should be encouraged in areas where these services are
available.
7. Does the requested zone give consideration to the particular suitabilitv of the
property for particular uses?
The proposed R-2 zoning district is consistent with the surrounding residential
and agricultural zoning districts in the area. The uses permitted and
conditionally permitted in the R-2 zone will be compatible with cur -rent land uses
in the area. The R-2 zone also gives due consideration of the suitability of this
property for the uses in the zoning district.
8. Does the requested zone give reasonable consideration to the character of the
district?
The general character of the area is smaller undeveloped tracts of land
surrounded by larger agricultural land. By assigning the property with the R-2
zoning district the development of this property will be consistent with the rural
residential/ agricultural character of the neighborhood.
9. Will the proposed zone conserve the value of buildings?
Value of the buildings in the area will be conserved because the R-2 zoning will
promote compatible and like uses on this property as are found on other
properties in the area.
10. Will the requested zone encourage the most appropriate use of the land
throughout the municipality?
Urban scale residential and non-residential development should be encouraged
in areas where services and facilities are available. In this case water and sewer
lines are located immediately west of the property. The proposed zoning is
consistent with the growth policy future land use designation and is compatible
with current city zoning in the immediate area.
Conclusion: The proposed R-2 request appears to be reasonable in terms of
proposed use, public service impacts and neighborhood compatibility and is in
compliance with the city growth policy.
7
M. 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.
Summary of Request: The owner is requesting a conditional use permit to use
the existing 9,700 square foot building on the property as a residential care
facility providing counseling and therapy for short term stay clients with eating
disorders. The application notes that the existing 2 1/2 story section of the
building will be demolished and replaced with a single story counseling facility
with two in -patient wings housing ten patients each. The facility will also
require expanding the existing building by approximately 12,200 square feet.
The floor plan submitted with the application notes that the expansion will
occur both south and east of the existing building. The additions will include
meeting rooms, laundry facilities, patient lounges, a kitchen and
dining/meeting room.
Figure 3: View of the existing building looking east across Highway 93.
The facility will be operated on a 24 hour a day/7 day a week basis. The
number of staff will vary between 10 staff during the day with night and
weekend staff of approximately 1 to 2. Patients will most likely be dropped off
at the facility and could stay for up to one to three months. The use of the
property as an eating disorder clinic complies with the definition of a residential
care facility under the zoning ordinance.
The owner has already received approval from Flathead County to convert the
commercial building into professional offices to accommodate medical and
physical therapy offices. The owner was issued an administrative conditional
use permit by the Flathead County Planning and Zoning Office in January of
2011.
Based on the needs of the eating disorder facility, the owner is requesting to
connect to the city's water and sewer mains. This connection requires
annexation into the city. Due to the requested R-2 zoning, a conditional us*
permit is required from the city to operate the facility in the R-2 zone.
1. Site SuitabiRty:
a. Adequate Useable Space: The property is approximately 1.35 acres in size
and contains an existing building approximately 9,700 square feet. The
site is level and there is adequate space on the site for the proposed
building expansion and accompanying parking lot.
b. Adequate Access: The property is accessed off of Highway 93 North. There
is an existing paved driveway off of the highway approximately 24 feet wide.
The driveway is located on a separate tract of land. The owner has
submitted a copy of an access and parking agreement with the neighboring
property owner for use of the driveway. The existing access is adequate to
serve the proposed residential care facility.
C. Environmental Constraints: There are no obvious environmen IT
constraints apparent on the property. I
d. Height, bulk and location of structures: The existing building has a
parapet height of 19 feet. The application states that the owner intends to
demolish the existing two story section of the building and rebuild a single
story structure approximately 14 feet tall. The R-2 zoning district has a
maximum building height of 35 feet, which the existing and proposed
buildings will be well under.
The current location of the building is setback approximately 35 feet from
the west property boundary, adjacent to Highway 93, and 28 feet from the
northern property boundary. The exception being the existing covered
entry into the building which is located slightly closer to the west and
northern property boundaries at approximately 32 feet and 12 feet
respectively. The proposed additions to the building shown on the site plan
meet all the required building setbacks in the R-2 zoning district.
The R-2 zoning district has a maximum permitted lot coverage of 35%. For
the 1.35 acre project site this equates to a maximum building footprint of
20,582 square feet. The overall size of the proposed building at 18,500
square feet is under the maximum allowable building coverage for an R-2
lot.
a. Parking Scheme: The proposed building will have an enclosed space of
approximately 18,500 square feet. The building will be used as a
residential care facility with offices for staff, 20 in -patient beds, meeting
rooms, kitchen and dining facilities.
Section 27.24.050 of the zoning ordinance provides the minimum amount
of off-street parking spaces required for specific uses. The use of the
building as a residential care facility places the facility under the hospital
category as the hospital category is the closest to the actual use of the
property. The hospital category requires a minimum of 1 off-street parking
space per 2 beds plus 1 space per 5 employees on the maximum working
I
shift plus I per staff doctor. The property owner stated that there may be
up to 10 employees at the site during the maximum shift. This number
will reduce to one or two during nights and weekends. Although there will
not be a full time doctor on the premise all the time planning staff has
anticipated one space for a staff doctor.
Based on the hospital parking category and the information obtained from
the property owner the residential care facility will need to provide a
minimum of 13 off-street parking spaces. The 13 spaces break down as
follows:
0 1 off-street parking space per 2 beds - 20 beds in the facility
requiring 10 parking spaces
0 1 space per 5 employees on the maximum working shift - Maximum
shift of 10 employees requiring 2 parking spaces
0 1 per staff doctor - I staff doctor requiring 1 parking space
The site plan submitted with the application provides a total of 47 parking
spaces including 4 designated handicapped stalls. Of the 47 parking
spaces 23 are currently located north of the existing building and 24 are
shown on the east side of the building. The existing and proposed parking
spaces are more than adequate to provide for the off-street parking
requirements for the facility. As part of the building permit process, the
developer will be required to submit a parking lot plan to the planning
department in accordance with section 27.24.030.3 of the zoning
ordinance. The plan will need to be approved prior to issuing a building
permit on the property.
If, in the future, the nature of the private driveway changes with
development of surrounding properties the feasibility of having 23 parking
spaces back into the private driveway may need to be re-evaluated. This
could require eliminating or modifying the design of these spaces.
b. Traffic Circulation: Access to the existing building and parking area is
provided by Highway 93 North. Highway 93 is classified as a major arterial
in the city's transportation plan and is owned and maintained by the
Montana Department of Transportation (MDT). The amount of traffic
anticipated from the residential care facility will not impact the function of
Highway 93.
C. Open Space: No specific open space requirements are required under the
R-2 zoning district other than the required setbacks. The existing grounds
provide for open space in the form of grass and landscaping on the east,
south and west sides of the property.
d. Fencing/ Screening/ Landscapin : The site currently has landscaping along
the west and south sides of the building. This includes a combination of
deciduous trees bushes and grass. The owner will be going to the city's
architectural review committee prior to any building permit approvals. The
committee generally reviews landscape plans in conjunction with building
permits and helps developers in determining the appropriate landscaping
for the area. A final landscape plan will be required for review and
approval by the Parks and Recreation Department. The landscaping
suggestions of the architectural review committee will need to be
incorporated into the final plan for the Park Department's review.
10
e. Signage: No signs have been proposed as part of the application. The
existing freestanding sign located in the access driveway will be removed
based on a note shown on the site plan. The application states that future
signs will be incorporated into the prominent entrance structure and will
meet the city's sign ordinance.
Figure 4: Existing freestanding sign will be removed
f. Exterior Lighting_ Chapter 27.26 of the Kalispell Zoning Ordinance sets
standards for all outdoor lighting on commercial structures. As part of the
building permit review for the proposed building, any outdoor lighting will
need to comply with the outdoor lighting standards in the zoning
ordinance.
3. Availability of Public Services/Facilities:
a. Schools: This site is within the boundaries of School District #5. No
impact is anticipated with the proposed use since it will be a business and
not add to the number of school age children currently within School
District #5.
b. Parks and Recreation: There should be no significant impact on the parks
and recreation programs and facilities as a result of this use.
C. Police: Police protection will be provided by the Kalispell Police
Department. No unusual impacts or needs are anticipated from the
proposed use.
d. Fire Protection: Fire protection and ambulance services will be provided by
the Kalispell Fire Department. With the extension of a water main to the
property the owners will be installing one or more fire hydrants in locations
approved by the Fire Chief.
Fire and ambulance access to the building is provided by an existing
driveway on the north side of the building which will be extended east and
terminate in a parking lot on the east side of the building. In addition to
the vehicle access on the north and east sides of the building the
11
s 8 *1 vwa a a VIA EOLSAIATI I In 01 turg Lorymm M 0 g-IMS Iffro # g -011 It; - &OM
e. Water: A city water main will be extended to serve the property. No
significant impact on water services can be anticipated as a result of this
use.
Sewer: A city sewer main will be extended to serve the property. No
significant impacts on city sewer services can be anticipated as a result of
the proposed use.
9- Storm Water Drainage: The city's stormwater standards require any new
development which creates impermeable surface areas over 5,000 square
feet must treat its stormwater on the property. Impermeable surfaces
include new buildings or paved parking lots. The proposed project
includes both.
To meet the city's stormwater standards the owner will need to submit a
stormwater plan to the public works department. The plan will need to
show how stormwater will be treated and stored on the property. The plan
and implemented prior to receiving a certificate of occupancy for the new
building.
h. Solid Waste: This property is already being served by Evergreen Waste
Disposal and will have no additional impacts on current services.
i. Streets: No city streets will be impacted by the proposed residential care
facility. Access to and from the site is provided by Highway 93. The
driveway to the parking spaces and entrances to the building is a private
drive, owned and maintained by the individuals or businesses using the
driveway, within a 40-foot private roadway easement.
Sidewalks and Bike Trails: The property is located on the east side of
Highway 93 along a stretch of the highway with no bike or pedestrian
trails. Development is also intermittent in this particular area with
undeveloped larger tracts of land north and south of the project site. In
2006 the city council adopted the Highway 93 North amendment to the
city's growth policy. This amendment identified goals and policies that
should be considered as the area developed.
Policy 6 of Goal 1 in the Highway 93 North growth policy amendment
states, "Pedestrian and trail systems should be incorporated into berming,
landscaping, greenbelts, park areas, and setback standards along gateway
entrances to enhance or maintain the scenic value of the entrance corridor
from public facilities, neighborhoods, schools and commercial services."
This policy was implemented in two different planned unit developments
(PUD) approvals both north and south of the project site. The Glacier Town
Center PUD and Valley Ranch PUD both provided increased setbacks and a
bike trail on their property adjacent to Highway 93. Both of these projects
have yet to break ground and may not actually be constructed for the next
5 to 10 years.
The application states that the building setback along Highway 93 will be
12
approximately 42 feet. This distance reflects the northern portion of the
existing building's setback from the property line. This setback area will be
used for landscaping and a place to install a future bike trail. The
developer would prefer to enter into an agreement with the city whereby the
property owner would install the bike path at the time there is a larger bike
path network in place north and south of the property.
City staff agrees that installing the bike path now is premature and
recommends the planning board and city council consider requiring the
property owner to waive their right to protest a future special improvement
district (SID) for the construction of a bike path along Highway 93. The
owner would only be required to install or pay their fair share of the portion
of the bike path that fronts the property, approximately 205 feet.
4. Neighborhood impacts: The zoning ordinance provides the following list of
impacts to consider when reviewing a proposed project which may be detrimental
to abutting properties in particular and the neighborhood in general:
® Excessive traffic generation
• Noise or vibration
• Dust, glare, heat
• Smoke, fumes, gas, or odors
® Inappropriate hours of operation
The proposed residential care facility will not impact neighboring properties with
any of the above listed uses. The facility will include medical treatment and
counseling for individuals with eating disorders.
The planning department received one comment from a property owner living in
the area of the proposed residential care facility. The concern brought to the
planning department's attention was the potential use of the proposed facility for
other treatment and therapy for persons with drug and/or alcohol addictions.
The property owner felt that clients with drug or alcohol addictions pose a greater
risk to neighborhood security because of the nature of their addiction and the way
it can influence a person's actions.
Both drug and alcohol therapy and treatment would be included under the
definition of a residential care facility. The definition reads as follows:
Residential Care Honteor Facility: A facility that provides for long-term
residence with one or more of the following types of care: 24-hour per day
substitute care, food, lodging, training, educations, supervision, habilitation,
rehabilitation, and treatment they need but which for any reason cannot be
furnished in the person's own home.
To address the concern of the neighboring property owner the planning
department recommends placing a condition requiring the facility owner to receive
an administrative conditional use permit if they propose to change the nature of
the clients the facility serves. For example, an administrative conditional use
permit would be required to change the facility's treatment program from eating
disorders to primarily drug and/or alcohol therapy and treatment. The
administrative conditional use permit process requires notification of adjacent
property owners. The adjacent property owners would have an opportunity to
raise any issues or concerns they may have. The administrative conditional use
permit requires the issues or concerns to be addressed by the facility operator. In
13
1111111011,00 "NOW0 0 . a a
• Consideration of historical use patterns and recent changes: This area has
historically included a mix of agricultural and non-residential uses such as a
golf course, church, MDT facility and National Guard Armory. The reuse of the
existing commercial building as a residential care facility is appropriate. The
proposed residential care facility is in keeping with the designated residential
scale of development the city's growth policy anticipates for the area.
6. Effects on property values: No significant negative impacts on property
values are anticipated. As previously mentioned the proposed use will not
create any adverse impacts with regard to noise or traffic and the use Will have
little impact to surrounding neighbors.
q-tP1,610vim 1 plao4vi C#u
It is recommended that the Kalispell City Planning Board and Zoning
Commission adopt Staff Report #KA- 12-1 as findings of fact and recommend to
the Kalispell City Council that the property be annexed and the initial zoning for
this property upon annexation be R-2, Residential.
It is recommended that the Kalispell City Planning Board and Zoning
Commission adopt Staff Report #KCU- 12-1 as findings of fact and recommend to
the Kalispell City Council that the Conditional Use Permit be approved subject to
the following conditions:
On -going 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. Development of the site shall substantially comply with the approved site
plan dated October 2, 2011.
3. The property owner shall waive their tight to protest a special improvement
district for the construction of a bike path (condition 8) along the property's
frontage.
Will
4. The facility operator shall receive an administrative conditional use permit
prior to changing the nature of clients the facility serves.
Prior to the issuance of a building permit:
S. A parking lot plan drawn in accordance with section 27.24.030(3) of the
zoning ordinance shall be submitted prior to the issuance of a building
permit. The plan shall also include an approximate time for parking lot
paving. The parking lot plan shall be reviewed and approved by the
Planning Department.
6. A stormwater management plan designed in accordance with the city's
stormwater standards shall be submitted to the Public Works
Department for review and approval.
7. The developer shall extend water and sewer main lines from Highway 93
right-of-way to the eastern edge of the property. The plan for the
extension shall be reviewed and approved by the Public Works
Department prior to construction.
8. A revised landscape plan shall be provided to the Parks and Recreation
Department for review and approval- The plan shall specify groundcover,
tree and shrub type and size at the time of planting around the building
and the parking area.
9. The property owner shall sign a waiver of right to protest a special
improvement district (SID) for the construction of a bike path along the
property's frontage adjacent to Highway 93.
Prior to the issuance of a Certificate of Occupancy:
10. The parking lot shall be constructed in accordance with the approved
plan.
11. The approved storm water plan shall be implemented with any conditions
required on the plan by the Public Works Department.
12. The water and sewer main lines shall be installed per the approved plan.
13. AU landscaping shall be installed per the approved landscape plan or
bonded for.
15
PLANNING FOR THE FUTURE
MONT'"A
Planning Department
201 1" Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.kalispell.com/plannin[Z
PETITION FOR ANNEXATION AND. INITIAL ZONING
NAME OF APPLICANT: NorthStar Associates
MAIL ADDRESS:c/o MedNorth 2316 Highway 93 North
CITY/STATE/ZIP: Kalispell, Mt. 59901 PHONE: (406) 755-5661/862-4949
INTEREST IN PROPERTY: Owner (s) /Developers
Other Parties of Interest to be Notified:
(PRIMARY CONTACT) (Interim Contact (thru 29Feb`12)
PARTIES OF INTEREST:Ken Williams Architect Kim Larsen Architect
MAIL ADDRESS: PO Box 1046
CITY/STATE/ZIP: Whitefish, MT 59937
INTEREST IN PROPERTY:
PHONE: (406) 862-6462
PLEASE COMPLETE TEE FOLLOWING:
Address of the property: 3201 Highway 93 North Kalispell, ITT 59901
Legal Description: Tract 2BBB (identified on. COS -as Tract A )
(Lot and Block of Subdivision; Tract #)
Section 19, Township 29 North, Range 21 West, P.M.M.
(Section, Township, Range) (Attach metes and bounds as Exhibit A)
Land in project (ac): 1,35 arres (approximately 1.4)
Current estimated market value at 50% build out
at 100% build out 4,250, 000
Is there a Rural Fire Department RSID or Bond on this property Yes No
If yes remaining balance is $
The present zoning of the above property is: SAG-10 ( County CUP for medical issued 18Jan11)
The proposed zoning of the above property is.. KALISPELL R-1 Residential / 27. 04. 030 (12) Residential
Care Home or Facility
State the changed or changing conditions that make the proposed amendment necessary:
Existing facility was a commercial business. Current Owner plans to alter and
construct'a.counselling facility offering 24/7 treatment
The signing of this application signifies that the foregoing information is true and accurate based upon the
best information available and further grants approval for Kalispell Planning staff to be present on the
property for routine inspection during the annexation process.
(Applicant)
1-3/-/Z
(Date)
1
Return to:
Theresa White
Kalispell City Clerk
P.O. Box 1997
Kalispell, MT 59903
PETITION TO ANNEX
AND
NOTICE OF WITHDRAWAL FROM RURAL FIRE DISTRICT
The undersigned hereinafter referred to as Petitioner(s) respectfully petition the City Council of
the City of Kalispell for annexation of the real property described below into the City of
Kalispell.
The Petitioner(s) requesting City of Kalispell annexation of the property described herein and
further described in Exhibit A hereby mutually agree with the City of Kalispell that immediately
upon annexation of the land all City of Kalispell municipal services will be provided to the
property described herein on substantially the same basis and in the same manner as such services
are provided or made available to other properties within the rest of the municipality.
Petitioner(s) hereby state that there is no need to prepare a Municipal Annexation Service Plan for
this annexation pursuant to Section 7-2-4610, M.C.A. since the parties are in agreement as to the
provision of municipal services to the property requested to be annexed.
The Petitioner(s) further herein express an intent to have the property as herein described
withdrawn from the West Valley Rural Fire District under the provisions of Section
7-33-2127, Montana Code Annotated; and that incorporated into this Petition to Annex is the
Notice requirement pursuant to said Section; and that upon proper adoption of an ordinance or
resolution of annexation by the City Council of the City of Kalispell, the property shall be
detracted from said district.
In the event the property is not immediately annexed, the Petitioner(s) further agree(s) that this
covenant shall run to, with, and be binding upon the title of the said real property, and shall be
binding upon our heirs, assigns, successors in interest, purchasers, and any and all subsequent
holders or owners of the above described property.
This City hereby agrees to allow Petitioner(s) to connect and receive the utilities from the City of
Kalispell.
This City hereby agrees to allow Petitioner(s) to connect and receive all available utilities from
the City of Kalispell excluding solid waste services. MCA 7-2-4736 prohibits the city from
providing solid waste services to this property for a minimum of 5 years from date of annexation.
3 a -, z.
Petitioner/Owner Date
Petitioner/Owner Date
You must attach an Exhibitprovides a bona fi1e legal description 1
the property 1 be annexed.
STATE OF MONTANA )
ss
County of Flathead County
s
On this day of tehrun ry , 2()12 , before me, the undersigned, a Notary Public for
the State of Montana, personally appeared P k 4111 known
to me to be the person whose name is subscribed to the foregoing instrument and acknowledged
to me that he/she executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notary Seal the day and
Notary Public for the
State of Matena
SE�1.
Residing at: Kalispell, Montana
FOFao
My Commission Expires:
Apiil9, 2014
STATE OF MONTANA )
: ss
County of Flathead County
"M—Mm-,
Notary Public, tate of Montana
Printed Name
Residing at
My Commission expires: bprll qXALL
On this day of , before me, the undersigned, a Notary Public for
the State of Montana, personally appeared known
to me to be the person whose name is subscribed to the foregoing instrument and acknowledged
to me that he/she executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notary Seal the day and
year in this certificate first above written.
STATE OF MONTANA )
ss
County of Flathead
Notary Public, State of Montana
Printed Name
Residing at
My Commission expires:
On this day of , before me, the undersigned, a Notary Public for
The State of Montana, personally appeared and
, the , and
respectively, of the
corporation that executed the foregoing instrument, and the persons who executed said instrument
on behalf of said corporation, and acknowledged to me that such corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notary Seal the day and
year in this certificate first above written.
Notary Public, State of Montana
Printed Name
Residing at
My Commission expires
11
C
a
im 4
ig
iswc
NM2 ].�4ii.�IN
F6'41A1MIIEH Tip .
9
Planning Department
201 I� Avenue Tast
Kalis-pen, MT 59901 (0:3
Phone: (406) 759-794(d O
Fats: (406) 758-7739
www.kaliisli.eom
APPLICATWX FOR CONDITIONAL OVAL USE PLIUMT
PROPOSED USE i1.spell � 1 R,es#dent a3.. -Care.Fa.cjl�ty �27.1U.-03%12)
OWNER(S) OF RECORD:
Name: Shane A Iiill,MD dba Mad -north Medical Centex
Mailing Address:2316 Highway 93 NoQ ,th
City/State/Zip: Kalispell, is 51
Phone: �406) .75555-5661
PERSONS) AUTHOR= TO REPRESENT THE OWNER(S) AND TO WHOM ALL
CORRESPONDENCE IS TO BE SENT:
Name.- 'then Williams, Amchl-tent - Klm.. liars-canb* iry 20-1-2)
Mailing Address: --T'0 Box 1046, (406) 261.-4912)
City/State/Zip: whitefish, NT 59937 Phone: �4-06) 8-62-6�62
LEGAL DESCR1PTl ` PROPERTY JRefer to Property Records) :
Street
Sec.
Town-
Range
Ades$ 3201 Highway
93 N KAj spell,M'1 599 . 19
.— 29
Nc. 21 .
.Sabdi-Anion
T_rMl.-It
Lot
Block
Name:
No(s).2BBB
No(s).
No.
1. Zoning District and Zoning Classification in which use is proposed:
g2L,MAV1-Z T .at'h�kad. COUnty -SAG-1-0 ( TrOPP_-rty pTsya:Dus1--y -used. -as-Cbmme.c1-a.1)
2. Attach a plan of the affected lot which identifies the following items:
a. Su=u ° hmd .sus,
b. Dimensions and shape of lot.
C Topographic features of lot.
d. Size(s) and location(s) of existing buildings
;e. .(s) and to ationts) of prop ased -bY77,'1 1 dings. - - —
f. Existing use(s) of structures and opera areas.
g.. Proposed u.se.(s) -of str=turec and opym arrtaB -
h. Existing and proposed landscaping and fencing.
Wit°L�,?
3. On a separate sheet of paper, discuss the following topics relative to the proposed
use:
a. Traffic flovz -and control.
b. Access to and circulation within the property.
C. Off-street parking and loading.
A. Refuse and Bervi-ce areas.
e. Utilities.
f. Screening and buffering.
9- Signs, yards and other open spaces.
-L Height, bulk :and IoLation of structums
i. Location of proposed open space uses.
j. Hours and manner -of operatiom
k. Noise,. light, dust, odors, fumes and vibration.
4- Attach supplemental irafornxation for proposed uses that have additional
requirements (consult Planner).
I hereby certify under penalty of p2rJury mid the laws of the State of Montana that the
information submitted herein, on all other submitted forms, documents, plans or any
other inform-atiom -submitted as a part of this application, to be true, complete, -.-Lnd
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 t1us applicatwn mgakfts approiml for the Kalispell Planning zt-aff to he present
on the property for routine monitoring and inspection during the approval and
development process.
Applicant Signature
Date
FA
Project The NorthStar Institute
3201 Highway 93 North
Kalispell, Montana 59901
Applicant: NorthStar Associates
c/o MedNorth
2316 Highway 93 North
Kalispell, Montana 59901
Project Ken Williams Architects
Representative(s) PO Box 1046
Whitefish, Montana
Ken Williams, Architect 406 862-6462 work / 406 249-3140 mobile
Kim Larsen, Architect 406 261-4912 mobile
Brief Narrative Description
Use - Renovation and addition to the former Montana Homefitter's Building, north of
Kalispell. The Project will include demolition of the original 2-1/2 story high art gallery
constructed in the mid -seventies. In its' place will be constructed a single story
counseling facility with two (2) in -patient wings housing ten patients each. The original
'showroom' shall be converted into administration. The facility shall be operated on a
"twenty-four / seven" basis, offering counseling and therapy for eating disorders.
Incorporated in the administrative wing shall be a modest cafeteria and meeting facilities,
which may be opened to the public as needed, during after hours and weekends. The
addition shall be of more modest scale than the structure it replaces. It shall add
approximately 12,200 sq. ft. to the existing structure.
Of primary importance is the change of use. The previous use was commercial,
generating traffic circulation throughout a seven-day operation, this created an impact on
Highway 93. The proposed use shall be a professional medical facility offering
congregate living. Due to this intrinsic nature, there shall be significant reduced traffic.
The facility's addition will be of reduced physical scale . There will be little generation of
noise. A perimeter landscape buffer will reduce visual impact from the neighborhood to
the east.
Addressing the Planning Office Checklist
Item 2.a. Surrounding land uses :
North ( Immediately adjacent ) A sliver of property, defined on COS 17674, is
employed as a twenty-four (24') wide Access Lane.
North ( beyond ) The adjacent property beyond is defined as County SAG-
10, is vacant, and formerly used as a brass foundry
East The adjacent property is defined as County SAG-10, lies fallow.
NorthStar Conditional Use Permit attachment
Page 1
South This property .originally was employed as a potato storage Quonset hut.
Its' most recent use, now abandoned, was a medical marijuana nursery. The
property farther south, is owned and operated by the Cowboy Church.
West Immediately adjacent is U.S. Highway 93 North. Beyond the highway is
the 'Big Mountain Golf Course,' owned and operated by Northern Pines Golf
Course `LLC.
tem2. . Dimensions and shape of lot
Contained on three exhibits: Appended CGS reduction, Sheet 103 ken williams
architect SITE PLAN and F&H Surveying Site Plan
Item 2.c. Topographic features
Contained on F&H Surveying Site Plan
Item 2.d. -Size(s) & locatlan(s) of existing buildings
Contained on two exhibits: Sheet 103 Ken Williams Architect SITE PLAN and
F&H Surveying Site Plan
Item 2.e. Sizes and location(s) of proposed buildings
Contained on Sheet 103 Ken -Williams Architect SITE PLAN
Item 2X & 2.g. Existing Use(s) of structures and open areas & Proposed use(s) of
structures and open areas.
Refer to narrative description above.
Item 2.h. Existing and proposed landscaping and fencing.
The Landscape buaffer between the highway and the existing structure shall remain
the same, 41'-2". The existing 'gallery' shall be demolished and the highway
buffer increased, The proposed structure shall be buffered from the south property
line, a distance of 31'-5". To the extreme East, the distance is 124'-10" To the
Noxtheast `diagonal' property line; the distance is 58'-20". To the immediate
North Property Line, a distance of 27'-11" separates the existing
'warehouse/administration'; the open Entry structure is 12%11" from this property
-line.
Items 3. a. & c. TITHiic flow and parldng
The property is accessed from Highway 93, Change to the proposed use shall
result in reduced traffic demand for the in contrast to the demand created by the
site's former commercial use. As proposed, the parking meets, if not exceeds, the
City's parking requirements. Currently, an easement for access and parking exists
with the property owner to the north. A copy of that easement is included in Ahis
application. Additional parking shall occur on -site, to the east of the facility,
providing additional spaces, additional handicapped stalls and ambulance parking
as needed. A loading .dock, .serving the facility shall occur, facing east, on the
northeast corner of the addition. This shall be buffered from the adjacent
properties with landscaping.
Nor f�tarr Con-d tronna] Be Pf;muit attachment
Page 2
Item 3. b. Access to and circulation within the property
The existing access from the Highway shall continue to service the site, as will
the parking and roadway to the north. This shall be extended to access required
parking along the east property line. Pedestrian circulation shall be via common
concrete walks as illustrated on the Site Plan submittal. Building access shall
.continue employing the public entrance on the northwest corner of the existing
building. A secondary entrance shall occur on the east side of the building. This
shall provide designated ambulance access to the facility. The primary drive is
twenty-four (24') wide. This shall extend to the east and run to the south property
jii e. Landscaped buffers in excess of twenty (20') shall occur to the east, south
and west. This shall provide sufficient fire access in the event of an emergency.
The existing drive to the north currently provides a fire lane in excess of the
twenty foot (*201) lane the City of Kalispell requires. Hydrant(s) shall be
provided as required.
The property is currently served by the West Valley Fire District. With
annexation to the City, this service will fall within the jurisdiction of the City of
Kalispell's Fire Department. Waste removal shall be contracted and provided by
the Evergreen Disposal, Inc.
Item 3. e. Utilities
The intrinsic nature of use requires extension of Kalispell's sewer and water to
responsibly provide necessary services. Adjacent to the highway's east side are
the balance of utilities and services required: natural gas, electricity, fiber optics,
and communications. Storm water and run-off shall be accommodated on -site
with an on -site retention pond, fed by contouring and some culvert and drain
features.
Item 3.f Screening and buffering
Mentioned previously, landscape buffering shall occur to the south and east. The
greenbelt to thewest shall be increased and improved. Trash receptacles and
generator shall be provided with architectural enclosures to diminish their impact
on. -the -site.
Item 3.g. Signs, yards and other open spaces
As proposed, the original gallery shall be demolished, creating more landscape
buffer and ..,.reduced visual and physical impact from Highway 93. Landscape
buffers shall be provided to the east and south, softening the projects impact to the
neighbor to the south and the Ponderosa subdivision to the east. The proposed
addition shall be set back to align with the structure to the north. This will result
in a greater 'green belt' alongside the highway frontage. Space shall be set aside
to provide for a pedestrian pathway / bike path as the buffers along the highway
are extended. Little alteration shall occur to the north. More formal landscaping
shall occur to the east and south. The existing sign adjacent to the Entry shall be
removed, reducing visual obstruction to and from the Highway Entrance. Building
NorihStar Conditional Use Permit attachment
Page 3
signage shall be incorporated into the prominent entrance .structure. This :shall`
meet the City ofKalispell's sign ordinance.
Item 3.. Height, bulk and location of structures
The existing commercial structure provides a parapet height of 19'-2". The taller
gallery shall be removed and replaced with an addition with a parapet of fourteen
feet. Setback, beyond the exterior walls shall be two clerestory structures
illuminating the patient lounges. These shall not exceed the height of the adjacent
structure. The bulk and location of the proposed structure will provide a reduction
in scale, size, and impact in comparison to what currently exists.
Item 3.1. -Location of open space eases
Open space, to the east of the structures, shall continue to exist. This function
shall be improved with addition of courtyard and out-of-doors work spaces. Trees,
reducing its impact and making it more visually amenable, shall buffer the
retention Swale.
cr., J 1 1sx'
The facility will operate twenty-four hours a day, seven days .a week As with .any
professional office use, the bulk of the facility will be used between the hours of
nine to five, Mondays through Fridays, by staff, administration and counselors.
Evenings and nights will see the reduction of staff and administration, to patients
and minimal nursing & orderly staff. Weekends and early evenings may see
nominal public use of meeting areas accessed from the east parking area and
entrance. This shall be of nominal impact.
Item .k. Noise, light, dust, odors, fumes and vibration
With the.exception of required parking lot illumination, these conditions shall not
increase, nor be fostered by the facility use. The immediate Highway generates
the greatest existing impacts to the immediate vicinity. Any impacts created by
this improvement should be deemed negligible.
Adjacent property owner addresses
Proposed Project rendering (24"x 36")
Proposed SA6 Plan (24"x 36")
Proposed Floor plan (24"x 36")
Site Survey (24"x 36")
Parking Easement (8,5"X11")
Reductions for circulation (8,5"XII")
Application for Conditional Use Nrmit
Annexation documents
Adjacent property owner addresses
West Valley Fire District Withdrawal
Fees
NorthStar Conditional Use Permit attachment
M,
Assessor No See, Tvvn, Rng Lott rfactNo Property -Owner & Mailing Address
0971698 Secl9,T29N,R21W Parcel A DKE LLC
(COS 6557 .9008 Haverfoyd Terrace
id as 3BA) St. Louis, Mo.
.63117-0000
ammedmately , No-fth & East)
0970065 Seel 9,T29N,R21 W' Tract 2BB
DKE LLC
(COS 176744
9008 Havorfard Terrace
(id as Tract D)
St. Louis, Mo.
63117-0000
0977115 Secl 9,T29N,R21 W Parcel A
93 North LLC
(incl Parcel B)
PO Box 2492
(COS 4429)
Kalispell, Mt
(id ass BA -A)
59901-6847
(West)
0002315 Sec24,T29N,R22W Northern Pines
Northern Pines LLC
Com.mumity
PO Bax 1257
- -
Tract A
Bigfork, Mt
C-rol-rc'ours-
AL -1
599 1 '1. - 1 '257
NorthStar Conditional Use Permit attachment
Page 5
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1, the undersigned certify that I did this date mail via First Class Mail a copy
of the attached notice to the following list of landowners ad
joinin the
property lines of the property where an annexation & initial zoning and a
conditional use permit has beenrequested.
'I'll III
NorthStar Associates
• • Y h
2316 Highway 93 North
Kalispell, 59901
Ken Williams, Architect
P.O. Box 1046
Whitefish, 59937
Date: e?/�/ 1,;2
NorthStar Associates Ken Williams, Architect Northern Pines, LLC
c/o MedNorth P.O. Box 1046 P.O. Box 1257
2316 Highway 93 North Whitefish, MT 59937 Bigfork, MT 59911
Kalispell, MT 59901
DKE, LLC 93 North, LLC
9008 Haverford Terrace P.O. Box 2492
St. Louis, MO 63117 Kalispell, MT 59903
Planning Department
201 V! Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.kalispell.com/planninjz
You are being sent this notice because you are a property owner within 150 feet of the proposed project noted below
and will be most directly affected by its development. You have an opportunity to present your comments and
concerns at the meeting noted below. You may contact this office at (406) 758-7940 for additional information or
visit our website at www.kalispell.com/planning under "Planning Board Projects". Interested persons are
encouraged to attend the hearing and make their views and concerns known to the Board. Written comments may be
submitted to the Kalispell Planning Department at the above address prior to the date of the hearing, or email us at
planning_nkalispell. com.
NOTICE OF PUBLIC HEARING
KALISPELL CITY PLANNING BOARD AND ZONING COMMISSION
MARCH 13, 2012
The regular meeting of the Kalispell City Planning Board and Zoning Commission is scheduled for
Tuesday, March 13, 2012, beginning at 7:00 PM in the Kalispell City Council. Chambers, Kalispell
City Hall, 201 First Avenue East, Kalispell. The planning board will hold a public hearing and take
public comments on the following agenda items. The Board will make recommendations to the Kalispell
City Council who will take final action.
A request from the Joshua and Shelby Farnham to annex 3.5 acres of land and zone the land B-
1/PUD (Neighborhood Business/Planned Unit Development) upon annexation. The property is
located at the northeast corner of the intersection of Three Mile Drive and West Spring Creek
Road. The property is surrounded by existing roads with Three Mile Drive on its south boundary,
West Spring Creek Road on its west boundary and Farm to Market Road on its east boundary.
The property is currently developed with a single family home addressed as 610 W. Spring Creek
Road and is zoned AG-20 (Agricultural). A small drive through coffee stand is located north of
the existing home and the owners intend to operate the coffee stand once annexed into the city.
The 3.5 acre site can be legally described as Parcel A as shown on Certificate of Survey No.
15268 located in Section 2, Township 28 North, Range 22 West, P.M.M., Flathead County,
Montana.
2. A request from North Star Associates to annex 1.35 acres of land and zone the land R-2
(Residential) upon annexation. In addition to the annexation the applicant is requesting a
conditional use permit to convert and expand an existing building on the property into a
residential care facility. The residential care facility will offer counseling and therapy for patients
with eating disorders. The residential care facility will be approximately 18,500 square feet in
size and will be operated on a 24 hour/7 days a week basis. The 1.35 acre property is located at
3201 Highway 93 North and can be legally described as Tract A as shown on Certificate of
Survey No. 17674 located in Section 19, Township 29 North, Range 21 West, P.M.M., Flathead
County, Montana.
Documents pertaining to the agenda items are on file for public inspection at the Kalispell Planning
Department, 201 First Avenue East, Kalispell, MT 59901, and are available for public review during
regular office hours. In addition, information on the agenda items is posted on our website at
www.kalispell.com/planning under "Planning Board Agenda & Staff Reports".
do:`:19255 ,{
STATE OF MONTANA
FLATHEAD COUNTY
AFFIDAVIT OF PUBLICATION
RICHELLE ROONEY BEING DULY
SWORN, DEPOSES AND MAYS: THAT
LEGAL CLERK OF THE DAILY I.NTEI
DAILY NEWSPAPER OF GENERAL CI)
PRINTED AND PUBLISIIED IN THE CI
KALISPELL, IN THE COUNTY OF FLA
STATE OF MONTANA, AND THAT No
LEGAL ADVERTISll ENT WAS PRINTED AND
PUBLISHED IN THE REGULAR AND ENTIRE ISSUE
OF SAID PAPER, AND IN EACH AND EVERY COPY
THEREOF ON THE DATES Of Feb. 26, 2012.
AND THE RATE CHARGED FOR TIIE ABOVE
PRINTING DOES NOT EXCEED TIIE MINIMUM
GOING RATE CHARGED TO ANY OTHER
ADVERTISER FOR THE SAME PUBLICATION,
SET IN THE SAME SIZE TYPE AND PUBLISIIED
FOR THE SAME NUMBER OF INSERTIONS.
Subscribed and sworn to
Before ine this February 27, 012
Dorothy I. GI ross
Notary Public for the State of Montana
Residing in Kalispetl
My commission expires 9/11/201
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DOROTHY I. GLENCROSS
o�AR�9 9oN
NOTARY PUBLIC for the
o a N
State of Montana
* SEAL *
Residing at Kalispell, Montana
er �°
My Commission Expires
�°feofMon�a
September 11, 2013
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NORTHSTAR INSTITUTE
REQUEST FOR ANNEXATION AND INITIAL ZONING OF R-2 RESIDENTIAL
AND A CONDITIONAL USE PERMIT TO OPERATE A RESIDENTIAL CARE
FACILITY ON APPROXIMATELY 1.4 ACRES
PLOT DATE 2/2/12
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