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04. Conditional Use Permit - Medical Arts PharmacyFlathead Regional Development Office 723 5th Avenue East - Room 414 REPORT TO: FROM: SUBJECT MEETING DATE: Kalispell, Montana 59901 Kalispell Mayor and City Council Narda A. Wilson, Senior Planner Chris A. Kukulski, City Manager Medical Arts Pharmacy Conditional Use Permit - Drive Through Espresso Shop and Deli December 6, 1999 Phone: (406) 758-5980 Fax: (406) 758-5781 BACKGROUND:' The Kalispell City -County Planning Board met on November 9, 1999, to consider a request by the Medical Arts Pharmacy for a conditional use permit for the operation of drive through espresso shop and deli in an existing building that was formerly occupied by Glacier Bank. The property is located at 211 Conway Drive and is zoned H-1, Health Care, where restaurants are listed as a conditionally permitted use. At the public hearing no one spoke against the application. The board discussed the request and recommend approval of the conditional use permit subject to conditions. RECOMMENDATION: A motion to grant the conditional use permit for the espresso shop and deli subject to the recommended conditions would be in order. FISCAL EFFECTS: None. ALTERNATIVES: As suggested by the city council. Narda A. Wilson Chris A. Kuku ski Senior Planner City Manager Report compiled: October 18 1999 Attachments: Letter of transmittal Attachment A Staff report KCU-99-8 and back-up materials Draft planning board minutes Providing Community Planning Assistance To: • Flathead County • City of Columbia Falls • City of Kalispell • City of Whitefish • City of Kalispell r P. 0. Box 1997 Kalispell, Montana 59903-1997 GRANT OF CONDITIONAL USE APPLICANT: Holly Snyder Medical Arts Pharmacy 211 Conway Drive Kalispell, MT 59901 LEGAL DESCRIPTION: Operation of a drive -through espresso stand and delicatessen in an already existing building and further described as Lot 2 of the Resubdivision of the Kalispell Medical Arts Addition No. 35. ZONE: H-1, Health Care. Holly Snyder, for Medical Arts Pharmacy, has applied to the City of Kalispell for a conditional use permit to operate a drive - through espresso stand and delicatessen in an existing building, which was formerly used as a drive -through bank. Restaurants are a conditionally permitted use in the H-1, Health Care Zone. The Kalispell City -County Planning Board and Zoning Commission, after due and proper notice, on November 9, 1999 held a public hearing on the application, took public comment and recommended that the application be approved subject to two conditions. After reviewing the application, the record, the FRDO report, and after duly considering the matter, the City Council of the City of Kalispell, pursuant to the Kalispell Zoning Ordinance, hereby adopts Flathead Regional Development Office, Conditional Use Report #KCU-99-9 as the Council's findings of fact, and issues and grants to the above -described real property a conditional use permit to operate a drive -through espresso stand and delicatessen, in the H- 1, Health Care district, subject to the following conditions: SECTION I. 1. The proposal will be developed in substantial conformance with the site plan and the Kalispell Zoning Ordinance. 2. That the property owners seek a resolution to t1e need for a traffic and pedestrian connection between Conway Drive and Sunnyview Lane. SECTION II. The conditional use permit is valid for a period of 18 months after which time if a good faith effort has not been made to commence the approved activity, or show a continuous good faith effort to do so, the conditional use permit is void. Dated this day of December, 1999. Wm. E. Boharski Mayor STATE OF MONTANA ) ss County of Flathead ) On this day of , 1999, before me, a Notary Pubic, personally appeared Wm. E. Boharski, 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 Residing at Kalispell, Montana My Commission Expires a presentation on staff report FCE-99-4 in which staff recommends that the board find the easement would further the goals of the Kalispell City -County Master Plan and endorse the easement. The staff and the board thank Ms. Wallner for her easement. BOARD DISCUSSION The board agreed that this easement was in agreement with the master plan. MOTION Sipe moved and Heinecke seconded that the planning board accept the staff recommendation and determine that the conservation easement would further the goals and policies of the Kalispell City County master plan and that the board authorize the planning director to act on their behalf by stating to the Montana Land Reliance that the conservation easement will further the goals of long range planning and that the planning board supports the easement. On a roll call vote all members voted Aye. The motion to support the Ms. Wallner's Conservation Easement passed unanimously. MEDICAL A request by Holly Snyder and Medical Arts Pharmacy for a ARTS%SNYDER conditional use permit to allow an existing building to be CONDITIONAL USE converted to a drive -through espresso shop and deli in an H-1 PERMIT zoning district at 211 Conway Drive. STAFF REPORT Narda Wilson gave a presentation on staff report KCU-99-9 in which staff recommends that the conditional use permit be approved subject to three conditions. Wilson explained that this request is to use approximately 664 square foot portion to convert to a drive through espresso shop. She noted that a provision might be needed to allow for increased stacking or pull up parking if the four spaces allotted does not seem to be enough or becomes a problem. There are 22 parking spaces currently so the required parking is more than met with existing parking. Mann questioned the required parking and Wilson explained that the espresso shop will need 9 spaces, the pharmacy 8 spaces for a total of 17 required spaces and there is currently 22 spaces allotted for that building. PUBLIC HEARING The public hearing was opened to those who wished to speak in favor of the petition. PROPONENTS Holly Snyder, applicant, spoke in favor of the application stating that she believes this shop will primarily serve the area medical community and therefore traffic won't become a problem. No one else wished to speak and the public hearing was closed. BOARD DISCUSSION Heinecke stated that there might be some traffic generated but Kalispell City -County Planning Board November 9, 1999 Meeting Minutes Page 2 of 14 the area should be able to handle the additional traffic. He does not see any potential problem and he is in favor of the application. Mann stated that his concerns would be for ambulance traffic interference. Wilson stated that the fire and emergency services have seen the plan and have no problem with them as presented. Garberg asked about the average wait for each customer. Holly Snyder explained that it would be fairly fast and would probably be faster than a deposit at a bank. There is also potential for moving the cars forward and delivering the coffee. Mann asked and Snyder answered that there are two entrances but the traffic flow has to generate on the side of the window. The bank generally had good traffic flow. Rice asked Wilson to explain condition two and she stated that she put that in to give the council the opportunity to discuss with the property owners of Medical Arts about creating some sort of through traffic between Conway Drive and Sunnyview Lane because this is one of the few logical places that a through road could exist. MOTION Brenneman moved and Hines seconded to adopt staff report KCU-99-9 as findings of fact and, based on these findings, recommend to the Kalispell City Council that the conditional use permit be granted subject to the conditions as outlined in the report. On a roll call vote all members voted Aye. The motion to recommend approval of the conditional use permit for an espresso shop passed unanimously. DRAFT KALISPELL A presentation and public hearing on the draft of the Kalispell CITY -COUNTY MASTER City -County Master Plan and land use map. PLAN AND LAND USE MAP Stevens stated that he would like to set up some ground rules, they have had quite a bit of public testimony on the master plan revisions over the past year and a half and he would ask that if the person speaking previously was saying the same thing that another person wished to say, they would appreciate it if they just stated that they agreed with the previous speaker and try not to be repetitious. STAFF REPORT Narda Wilson gave a presentation of the draft Master Plan and land use map. She explained that this is a comprehensive amendment and update to the Kalispell City -County Master Plan and the staff report gives a broad basis of what has gotten them to this point. Staff recommends that a public hearing be held and Resolution KMPA-99-1 be adopted, any revisions made, and Kalispell City -County Planning Board November 9, 1999 Meeting Minutes Page 3 of 14 Flathead Regional Development Office 723 5th Avenue East - Room 414 Kalispell, Atontans 59901 Phone: (406) 758-5980 Fax: (406) 758-5781 November 19, 1999 Chris Kukulski, City Manager City of Kalispell P.O. Box 1997 Kalispell, MT 59903 Re: Medical Arts Pharmacy Conditional Use Permit for Espresso Shop and Deli Dear Chris: The Kalispell City -County Planning Board met on November 9, 1999, and held a public hearing to consider a request by the Medical Arts Pharmacy for a conditional use permit for the operation of drive through espresso shop and deli in an existing building. The property is located at 211 Conway Drive and is zoned H-1, Health Care, where restaurants are listed as a conditionally permitted use.. Narda Wilson of the Flathead Regional Development Office presented staff KCU-99-9 evaluating the conditional use permit proposal. The staff recommended that the board forward a recommendation to approve the application subject to the conditions contained in the staff report. At the public hearing no one spoke against the application. 'ie board discussed the request and a motion was made to adopt staff report KCU-99-9 as findings of fact and recommend approval of the conditional use permit subject to the conditions listed in Attachment A. The motion passed unanimously. This matter is being forwarded to the Kalispell City Council for consideration at their December 6, 1999 regular meeting. Please contact this board or Narda Wilson at the Flathead Regional Development Office if you have any questions regarding this matter. Sincerely Kalispell City -County Planning Board Jean A. Johnson ' President JJ/NW/tl Providing Community Planning Assistance To: • Flathead County • City of Columbia Falls • City of Kalispell • City of Whitefish Medical Arts Pharmacy Conditional Use Permit November 19, 1999 Page 2 Attachments: Attachment A FRDO staff report KCU-99-9 and application materials Draft Minutes 11/09/99 planning board meeting c w/ Att: Theresa White, Kalispell City Clerk c w/o Att: Holly Snyder, Medical Arts Pharmacy, 205 Conway Drive, Kalispell, MT 59901 H: \FRDO \TRANSMIT\KALISPEL\ 1999 \KCU999.DOC Medical Arts Pharmacy Conditional Use Permit November 19, 1999 Page 3 ATTACHMENT A MEDICAL ARTS PHARMACY CONDITIONAL USE PERMIT KALISPELL CITY -COUNTY PLANNING BOARD NOVEMBER 9, 1999 This following are a list of conditions as recommended by the Kalispell City -County Planning Board in association with the proposed conditional use permit: 1. That the proposal will be developed in substantial conformance with the site plan and the Kalispell Zoning Ordinance. 2. That the property owners seek a resolution to the need for a traffic and pedestrian connection between Conway Drive and Sunnyview Lane. 3. That commencement of the approved activity must begin with 18 months from the date of authorization or that a continuous good faith effort is being made to do so. H: \... \KCU l 99 \KCU99-9 MEDICAL ARTS PHARMACY FLATHEAD REGIONAL DEVELOPMENT OFFICE CONDITIONAL USE PERMIT STAFF REPORT #KCU-99-9 NOVEMBER 2, 1999 A report to the Kalispell City -County Planning Board and Kalispell City Council regarding a request for a conditional use permit to allow a drive -through espresso shop and deli in an H-1 zoning district. A public hearing on this matter has been scheduled before the planning board for November 9, 1999, beginning at 7:00 PM, in the Kalispell City Council Chambers. The planning board will forward a recommendation to the City Council for final action. A. Petitioner: Holly Snyder Medical Arts Pharmacy 205 Conway Drive Kalispell, MT 59901 (406)752-2492 B. Size and Location: The property where the espresso drive -through and deli is proposed is located on the north side of Conway Drive just west of Kalispell Regional Hospital. This is an existing building which has the Medical Arts Pharmacy located in the west portion of the building which contains approximately 1,322 square feet. The espresso shop and deli would be located in the east portion of the building which contains approximately 664 square feet and was formerly used as a drive through bank. The property where this building is located also contains a medical complex to the north that has frontage along Sunnyview Lane. The building address is 211 Conway Drive and the property can be described as Lot 2 of the Resubdivision of Kalispell Medical Arts Addition No. 35 located in Section 6, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. C. Nature of Request: The applicants are requesting a conditional use permit to allow the operation of a restaurant in the H-1, Health Care, zoning district. Restaurants are listed as a conditionally permitted use in the district. The applicants are proposing to use a now vacant portion of an existing building. The total square footage of the building contains approximately 2,212 square feet. The Medical Arts Pharmacy and the applicants, occupy the west portion of the building contains approximately 1,322 square feet, there is a lobby near the middle of the building containing 226 square feet and then the former bank building on the east portion of the building. This portion of the building containing approximately 664 square feet would be used for the espresso drive -through and deli. Hours of operation are tentatively anticipated to be scheduled for 6:00 AM to 4:00 PM, Monday through Saturday. Currently, the applicants are only intending to have an espresso drive -through in operation. If this proves to be successful, they may expand into offering food products. Initially this would be limited to pre -prepared foods and may expand beyond that to offer a very limited selection of other food products. D. Existing Land Use and Zoning: Currently there is a pharmacy in the west portion of the building as previously mentioned. This portion of the building is currently unoccupied, but formerly served as a drive -through banking facility. This property is in an H-1, Health Care, zoning district which lists restaurants as a conditionally permitted use. E. Surrounding Zoning and Land Uses Zoning: There are mostly medical offices and related type uses within the immediate vicinity of this property. A greater mix of uses is within the area including residential, recreational and commercial. Highway 93 lies to the west approximately one quarter mile or less. North: Medical offices and the Summit, H-1, a Health Care zoning district South: Medical offices; H-1 zoning district East: Kalispell Regional Hospital, H-1 zoning district West: Medical offices; H-1 zoning district F. blaster Plan Designation: The Kalispell City County Master Plan Map designates this area as Medical / Professional which anticipates a variety of medical, dental, office and residential type uses in the area. The proposed project is in substantial compliance with the land use designation of the master plan map and would be anticipated to a certain extent as a support service to the area. G. Utilities/Services: Sewer service: City of Kalispell Water service: City of Kalispell Solid Waste: City of Kalispell Gas: Montana Power Company Electric: Flathead Electric Cooperative Phone: Century Tel Police: City of Kalispell Fire: Kalispell Fire Department Schools: School District #S, Kalispell H. Evaluation of the Request: a. Ad=a Useable ace: This is an already developed site with approximately 22 parking spaces devoted to the existing building used for the pharmacy and the proposed restaurant. This building, parking and landscape area occupies approximately one third of the entire site with a larger medical building, parking lot and landscape area existing to the north. This proposal would not require the new construction, additional or significant remodeling on the property. It appears there is adequate usable space to accommodate the proposed new use within the building. b. AdeQuate Access: Access to the building is off of Conway Drive to the south. This is an existing approach from a City street that has curb and gutter in the area, but generally no sidewalks. The access to this portion of the building was developed to serve a drive -through bank which has since relocated to another site. The width of the driveway appears to be approximately 25 feet wide and would lead to two drive -through lanes. No modifications to the existing access are proposed or appear to be needed. Access to the building is generally adequate, however, there is no through access between Conway Drive and Sunnyview Lane. It may be worthy of mention that this property previously had their parking lot lanes open to the north along Sunnyview Lane which served as defacto connection between Sunnyview Lane and Conway Drive which has since been blocked by the property owners because of excessive traffic through their parking lot. Staff and others who frequent the area recognize the tremendous need for a connection between Sunnyview Lane and Conway Drive. However, it does not seem reasonable or safe to attempt to accommodate that access through a private parking lot because a parking lot is not meant to function and a through roadway. A more thoughtful solution to this problem needs to be sought. C. Environmental Cony r in s: There are no obvious environmental constraints apparent on the property. The site is generally level. There may be some issues related to stormwater runoff in the general area which are not specifically related to this building. :.• s �.I Y, a. Parking Scheme: One space per 100 square feet plus one space per employee and four stacking spaces are required for the restaurant (espresso drive -through and deli). This would translate into the need for nine parking spaces for the espresso shop. Four stacking spaces would be accomplished by providing a sign that directs the customers to pull forward after ordering if needed. Between the window and the property boundary only three stacking spaces existing. By pulling forward, four stacking spaces can be provided as required under the zoning regulations. The pharmacy would require one space per 200 square feet or eight parking spaces. This would be based on a total square footage of approximately 1,600 square feet. There are approximately 22 parking spaces designated for use by this building which would include the southern tier of lots to the north and additional parking to the east of the building. b. Traffic Circulation: Traffic will enter the site from a single established driveway along the north side of Conway Drive. Traffic would pull through the window, drive to the east and exist from an existing driveway to the east. Traffic circulation in the area can at times be somewhat problematic because of the lack of through access between Conway Drive and Sunnyview Lane. However, this modest use would not significantly impact traffic patterns in the area or on the site. C. Qpen Space: No specific open space requirements are required under the zoning other than the required setbacks which have been adequately met as indicated on the site plan. d. FencingJScreenin % ands .aping: Modest landscaping is in place around the perimeter of the site and along the eastern boundary of the property. No additional landscaping has been proposed in association with this use. No 3 screening or buffering would be needed since this is a low impact use and would not pose the need for mitigation of impacts to nearby properties. e. Sigiaage: No signage has been indicated on the site plan or proposed in the application, however any signage will need a permit from the zoning administrator and will comply with Kalispell zoning regulations. a. ;schools: This site is within the boundaries of School District #5, however, this proposal would have minimal impact on the school district. b. Parks and Recreation: There is no formal park in close proximity to the site and very few sidewalks or other adequate pedestrian system. Some limited walking areas are provided around the property itself. C. Police: No substantial impacts to the police can be anticipated as a result of the proposed residential facility. d. Fire Protection: Fire protection will be provided by the Kalispell Fire Department. There are existing hydrants in the area and access appears to be adequate within the site and adequate circulation on the property currently exists. e. Water City water currently services the building and will not need to be altered to accommodate the new proposed use. f. Sewer: Sewer service is currently provided by the City of Kalispell, and no alterations to the existing service are anticipated as a result of the proposed use. g. Solid Waste: Solid waste pick-up will be provided by the City, and no significant increased impacts can be anticipated as a result of the proposed use. h. Roads: Minimal to moderate traffic generation can be anticipated as a result of this use. Access will generally be onto Conway Drive and then onto Highway 93. Although congested at times, streets in the area are generally well maintained and in good condition. Roads in the area are adequate to accommodate the proposed use. i. Immediate Neighborhood Impact: The general character of this area is a mix of medical, office and other uses. Impacts to the neighborhood will be insignificant. A notice of public hearing was mailed to property owners within 150 feet of the subject property approximately 15 days prior to the hearing. At the writing of the staff report, no comments were received by the Flathead Regional Development Office from the public. 4 1. The size and location of the site is adequate for the proposed use which has a mix of medical uses in the area. 2. The site design is in compliance with the zoning and design standards of the City. 3. Existing public services and facilities are available and adequate to serve the proposed use. 4. There will be minimal impact to the neighborhood with regard to the use of the site for the proposed use and will not adversely effect the quality of the neighborhood. It is recommended that the Kalispell City -County Planning Board adopt staff report #KCU- 99-9 as findings of fact and recommend to the Kalispell City Council that the conditional use permit be granted subject to the following conditions: 1. That the proposal will be developed in substantial conformance with the site plan and the Kalispell Zoning Ordinance. 2. That the property owners seek a resolution to the need for a traffic and pedestrian connection between Conway Drive and Sunnyview Lane. 3. That commencement of the approved activity must begin with 18 months from the date of authorization or that a continuous good faith effort is being made to do so. H: \... \KCU 1 99 \KCU99-9 5 We would like to open up an Espresso Shop in the vacant Glacier Sank drive -up building at 211 Conway Drive. We feel it would be an excellent location, serving the medical and professional offices on the hill. Our main objective would be walk-in service with drive thru available. The building bank -side is 664 sq. feet and the pharmacy side is 1322 sq. feet. There is adequate parking and exceeds the recommend parking spaces needed. We would also have a "pull forward" sign in the drive thru giving Us 4 spaces to address the stacking issue. Flathead Regional Development Office 723 5th Ave. East Room 414 r^ Kalispell, MT 59901 _ Phone: (406)758-5980 Fax: (406)758-5781 Mr.T 13 1999 APPLICATION FOR CONDITIONAL USE PERMIT C_TTV nr KATIRPRT.T• _ PROPOSED OWNER(S OF RECORD: m Nae:—Weir, Mailing Address: �O City/State/Zip1 l r N�L..1� Phone:_ 152--2-402,_,_ PERSON(S) AUTHORIZED TO REPRESENT THE OWNER(S) AND TO WHOM ALL CORRESPONDENCE IS TO BE SENT: Name: Mailing Address: k-vv Lv► kVkj V City/State/Zip:VVIA 1!22fA 5,D-)Q Phone: 775 2-- z4 2- LEGAL DESCRIPTION OF PROPERTY (Refer to Property Records): Street L� f ;� f�.�w � Sec. Town- Range Address: -N, l No. ship _�NO.� Subdivision -�, Tract Lot Block Name: �� ia�1 `� % r >� „ No(s). No(s). No. 1. Zoning District and Zoning Classification in which use is proposed: P1_ / 2. Attach a plan of the affected lot which identifies the following items: a. Surrounding land uses. U. Dimensions and shape of lot. _T 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 pf 1 i! i/- 1 j I i, .1 .a 3. On a separate sheet of paper, discuss the following topics relative to the proposed use: a. Traffic flow and control. b. Access to and circulation within the property. C. Off-street parking and loading. d. Refuse and service areas. e. Utilities. f. Screening and buffering. g. Signs, yards and other open spaces. h. Height, bulk and location of structures. i. Location of proposed open space uses. j. Hours and manner of operation. k. Noise, light, dust, odors, fumes and vibration. 4. 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 F.R.D.O. staff to be present on the property for routine monitoring and inspection during the approval and development process. Applicant gna re Date Revised 10/30/97ls 2 INSTRUCTIONS FOR CONDITIONAL USE PERMIT APPLICATION Answer all questions. Answers should be clear and contain all the necessary information. 2. In answering question 1, refer to the classification system in the Zoning Regulations. 3. In answering questions 2 and 3, be specific and complete. If additional space is needed, please use a separate sheet of paper to discuss the appropriate topics. 4. A plot plan or site plan must be submitted with each application, with all existing or proposed structures shown, and distances from each other and from the property line. 5. A list of property owners (within 150 feet, but excluding any surrounding right- of-way) and their mailing address must be submitted with each application. Example: Tract # Owner of Record Mailing Address 6. A fee, per the schedule below, for a Conditional Use Permit must be submitted with this application to cover the cost of necessary investigation, publication, mailing and processing procedures. Make check payable to Flathead Regional Development Office. Conditional Use Permit Minor...............................................................................$200 Residential in character, produces less than 50 ADT Major: Commercial and industrial uses. Would also include hospitals, churches, schools, medical facilities, public / quasi -public buildings, golf course, cluster and mule_ family residential units - Single Structure .................................................... :�,$300 - Multiple structures / units or uses not exceeding more than 400 ADT.................................$300 + 10 / 50 ADT over 400 Administrative (Flathead County & Columbia Falls).....................$50 3 FOR OFFICIAL USE ONLY Application No.: Application Received: Fee Paid: Date: Receipt No.: Kalispell City -County Planning Board Public Hearing Date: City Council Public Hearing Date: City Council Decision Date: Application Approved? Approved with Modifications? Denied? If Approved, Conditions Attached: Mayor, City of Kalispell Revised 10/30/971s 5i Date: #3 a. The building is already set-up for drive -up service on the pharmacy side and the bank side. With 2 lane access on the bank side, giving space for 6 cars if necessary. b. Our main objective is to service the surrounding medical offices on the hill. The building has easy access and has already been used for walk in service when it was used by Glacier Bank. c. Parking should not present a problem, since we will be Serving people who work in the area. It will be mainly Walk up service. d. That service is already set up and available e. Utilities are already set up also. f. Screening and buffering is not necessary. g. We plan on having a sign for the business, but must be kept in accordance with the surrounding businesses and Professional offices. h. The building is one story height with the bank side being 664 square feet. The location is 244 Conway Drive, located next to Medical Arts Pharmacy. L See h. j. The hours of operation would be similar to other expresso service. Tenitively 6:00 a.m. to possibly 4:00 p.m., Monday thru Saturday. k. There shouldn't be any problem with noise, light and dust etc. since most of our business will be generated from the walk in customer from the surrounding offices. FRDO Z-98 CERTIFICATION APPLICANT: MEDICAL ARTS PHARMACY (ESPRESSO SHOP FRDO FILE #: KCU-99-9 I, the undersigned certify that I did this date mail a copy of the attached notice to the following list of landowners within 150 feet of the propert lines of the property that is the subject of the application. Date: Assessor's S-T-R Lot/Tract Property Owner No. No. & Mail Address SEE ATTACHED LIST APPLICANT HOLLY SNYDER MEDICAL ARTS PHARMACY INC 209 CONWAY DRIVE KALISPELL MT 59901 -A r r ri u v r- u---�=- II ,� fidd 6s&b 2- &-06-2' RACT I ASSESSOR # CMERADDRESS E F E P-�n��o�, -PanuLa- K -'�MA,5, JCLLt W. 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Ck Lci*2- o� io 35k7 52-5 � A i L v n T !C .7 --44= t 1: NOTICE OF PUBLIC HEARING KALISPELL CITY -COUNTY PLANNING BOARD AND ZONING COMMISSION Kalispell City -County Master Plan Update Medical Arts Conditional Use Permit for Drive Thru Deli Amendment to Kalispell Zoning Ordinance Zoning Protest Provision The regular meeting of the Kalispell City -County Planning Board and Zoning Commission is scheduled for Tuesday, November 9, 1999, beginning at 7:00 PM in the Kalispell City Council Chambers, Kalispell City Hall, 312 First Avenue East, Kalispell. During the regularly scheduled meeting of the planning board, the board will hold public hearings and take public comments on the following agenda items. The board will make recommendations to the Kalispell City Council and / or Board of County Commissioners who will take final action: To the Kalispell City Council and the Board of County Commissioners: Review and comment on the Draft Kalispell City County Master Plan, Update 2000. Over the last two years the Kalispell City -County Master Plan has been in the process of being updated. A survey was conducted and three committees were created. The committees met over a period of months and each contributed to the initial draft document. That initial draft document was forwarded from the committees to the Kalispell City County Planning Board in February of 1999. The Kalispell City -County Planning Board has been meeting weekly since that time editing and amending the plan document and the map. The draft plan along with the accompanying map, resource and analysis document and survey is now available for public review. Copies are available at the Flathead Regional Development Office, County Library, Kalispell City Hall and the Flathead County Commissioners' Office. To the Kalispell City Council: 2. A request by Medical Arts for a conditional use permit to allow an existing building to be converted to a drive -through espresso shop and deli in an H-1, Health Care, zoning district. The applicants propose to convert the former bank building to the east of the Medical Arts Pharmacy to a drive -through for coffee and light food products that will not be prepared on site. This property is located on the north side of Conway Drive and east of Highway 93 and west of the hospital. The property address is 211 Conway Drive and can be further described as Lot 2 of the Resubdivision of Kalispell Medical Arts Addition No. 35 located in Section 6, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. 3. A request by the Flathead Regional Development Office for an amendment to Section 27.30.030, Hearing for Amendments (Zoning Amendments and Changes) of the Kalispell Zoning Ordinance that changes the protest provision for municipal zoning changes. This amendment is reflective of a legislative 'change that became effective October 1, 1999. Section 76-2-305, Alteration of zoning regulations - protest, of the Montana Planning Statutes was changed during the 1999 legislative session. This section now requires a two-thirds majority approval from the city council for a zone change where the zone change has been protested by either 25 percent or more of (a) the area of lots included in the zone change, or (b) those lots within 150 feet of the property proposed for a zone change. Currently, the city zoning regulations reflect the previous provision which required a three-quarters majority of the council vote for approval in the case of a protest of 20 percent or more either of the area in lots in the zone change or from those within 150 feet of the area proposed for rezoning. The proposed changes will bring this section into conformance with State law. This has the potential to effect all properties within the Kalispell zoning jurisdiction. Documents pertaining to these agenda items are on file for public inspection in the Flathead Regional Development Office, 723 Fifth Avenue East, Room 414, Kalispell, MT 59901, and are available for public review during regular office hours. Interested persons are encouraged to attend the hearings and make their views and concerns known to the Board. Comments in writing may be submitted to the Flathead Regional Development Office at the above address prior to the date of the hearing or you may contact Narda Wilson, Senior Planner, for additional information. -7L�7� Thomas R. 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