8. Conditional Use Permit - Trinity Lutheran Day CareCity of Kalispell
P. 0. Box 1997
Kalispell, Montana 59903-1997
GRANT OF CONDITIONAL USE
APPLICANT: Trinity Evangelical Lutheran Church
400 W. California Street
Kalispell, MT 59901
CURRENT OWNERS: James E. and Ardelle Hanson
373 W. Washington Street
Kalispell, MT 59901
CONTACT PERSON: Suzanne Elliott
486 3 rd Avenue WN
Kalispell, MT 59901
LEGAL DESCRIPTION: The conversion of an existing house to a day
care center located at 373 W. Washington
Street and described as Assessor's Tract 8RA
in Section 7, Township 28 North, Range 21
West, P.M.M., Flathead County, Montana.
ZONE: R-3, Residential
Trinity Evangelical Lutheran Church applied to the City of
Kalispell for a conditional use permit to allow an existing
residence that the Church is buying to be converted to a day care
center.
The Kalispell City -County Planning Board and Zoning
Commission, after due and proper notice, on October 20, 1998 held
a public hearing on the application, took public comment and
recommended that the application be approved subject to five
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-98-8 as the Council's findings of fact, and issues and grants
F:\wp\cup\trinity lutheran daycare.wpd 1
to the above -described real property a conditional use permit to
allow the conversion of an existing residence into a day care
center in the R-3, Residential zoning district subject to the
following conditions:
1. The proposal will be developed in substantial conformance
with the approved site plan and other application
materials. The conditions herein shall be met prior to
occupancy.
2. The day care center shall be properly licensed with the
State of Montana.
3. The proposed parking and signs shall comply with the
Kalispell -Zoning Ordinance.
4. The building shall comply with applicable building codes
as approved by the Kalispell Building Department and the
Uniform Fire Code as approved by the Kalispell Fire
Chief.
5. The unpaved portion of the adjacent alley shall be paved
in accordance with plans approved by the Kalispell Public
Works Department.
SECTION II.
The conditional use permit, herein granted, shall terminate 18
months from the date of issuance if commencement of the
authorized activity has not begun.
Dated this day of
F:\wp\cup\trinity lutheran daycare.wpd 2
. 1998.
Wm. E. Boharski, Mayor
STATE OF MONTANA )
ss
County of Flathead )
On this day of , 1998 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
F:\wp\cup\trinity lutheran daycare.wpd 3
Flathead Regional Development Office
723 5th Avenue East - Room 414
Kalispell, Montana 59901
Phone: (406) 758-5980
Fax:(406) 758-5781
October 27, 1998
Glen Neier, Interim City Manager
City of Kalispell
P.O. Box 1997
Kalispell, MT 59903
Re: Conditional Use Permit for Trinity Evangelical Lutheran Church
Dear Glen:
The Kalispell City -County Planning Board held a public hearing at their regular meeting of
October 20, 1998 to consider a request by Trinity Evangelical Lutheran Church for a
conditional use permit to convert the existing house at 373 W. Washington Street to a day care
center. The property is zoned R-3,a Residential zoning district.
Steve Kountz with the Flathead Regional Development Office reviewed the proposed project for
the day care center. Staff recommended approval of the proposal subject to six conditions.
Suzanne Elliot, Director of Trinity Child Care Center spoke in favor of the project. They had no
objection to the conditions. No one spoke in opposition.
A motion was made and seconded to adopt staff report KCU-98-8 as findings of fact and
forward a recommendation to approve the conditional use permit subject to the six conditions
in the report.
Rob Heinecke moved to delete Condition #5 which requires that the unpaved portion of the
adjacent alley be paved in accordance with plans approved by the Kalispell Public Works
Department. The motion died for a lack of a second.
On a roll call vote the motion to adopt staff report #KCU-98-8 as findings of fact passed on a
vote of six in favor and none opposed. The recommended conditions are listed in Attachment A.
This recommendation for approval is being forwarded to the City Council. Please schedule this
matter for the November 2, 1998 regular City Council meeting. Please contact this board or
Steve Kountz at the Flathead Regional Development Office if you have any questions regarding
this matter.
Sincerely,
Kalis ell City -County Planning Board
f� t
Therese Hash
President
TFH/SK/sm
Providing Community Planning Assistance To:
• Flathead County • City of Columbia Falls • City of Kalispell • City of Whitefish •
Glen Neier
October 26, 1998
Re: Conditional Use Permit for Trinity Evangelical Lutheran Church
Page 2 of 2
Attachments: Attachment A
FRDO Report #KCU-98-8
Draft Minutes for the 10/20/98 planning board meeting
c:w/Att: Theresa White, Kalispell City Clerk
c:w/o Att: Suzanne Elliot
H: \... \TRANSMIT\ KALI SPEL \98 ;KCU98-8
TRINITY EVANGELICAL LUTHERAN CHURC
CONDITIONAL PERMIT
CONDITIONS OF APPROVAL AS RECOMMENDED BY THE
KALISPELL BOARD
• • s.. ...l • s
The proposal will be developed in substantial conformance with the approved site plan and
other application materials. The conditions herein shall be met prior to occupancy.
2. The day care center shall be properly licensed with the State of Montana.
3. The proposed parking and signs shall comply with the Kalispell Zoning Ordinance.
4. The building shall comply with applicable building codes as approved by the Kalispell
Building Department and the Uniform Fire Code as approved by the Kalispell Fire Chief.
5. The unpaved portion of the adjacent alley shall be paved in accordance with plans
approved by the Kalispell Public Works Department.
6. The conditional use permit is valid for a period of 18 months from the date of
authorization.
H: \... \KCU 1 98 \KCU98-8
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CALL TO ORDER AND The regularly scheduled meeting was called to order at 6:05 p.m.
ROLL CALL by President Therese Hash. Board members present were Therese
Hash, Joe Brenneman, Rob Heinecke, Gregory Stevens, Jean
Johnson, and Donald Hines. Donald Garberg and Walter Bahr
arrived late. Milt Carlson was absent (excused). The Flathead
Regional Development Office was represented by Steve Kountz,
Senior Planner.
There were approximately 45 people in the audience.
APPROVAL OF MINUTES Hash asked if there were any corrections to the minutes of the
meeting of September 10, 1998.
Stevens said that the second to the last paragraph under old
business was not attributed to any Board member as a statement
and that it looked like it was a statement of fact or a Board
consensus. Stevens said he remembered the discussion as Mr.
Carlson maintaining that the Board was a quasi-judicial body, and
that Mr. Stevens maintaining that it is a legislative body. Stevens
said he had referenced Greens vs. Missoula. Stevens he wanted to
clarify that this was not a Board consensus or matter of fact;
Stevens stated Mr. Johnson had said a Board of Adjustment is a
quasi-judicial body because they make decisions that are not
reviewed by a legislative body, only by a court. Stevens said he
would like the minutes to reflect what was actually discussed.
Brenneman agreed that the minutes as written were not an
accurate summation of the discussion held and that the discussion
was actually two different opinions being expressed and the
minutes should reflect that.
The Board agreed to approve the minutes at the November meeting
with the corrections as stated.
TRINITY EVANGELICAL The public hearing was introduced on a request by Trinity
LUTHERAN CHURCH Evangelical Lutheran Church for a conditional use permit to
CUP convert the existing house at 373 W. Washington Street to a day
care center.
Staff Report Steve Kountz gave a detailed overview of Staff report #Kcu-98-8.
The application was evaluated in accordance with statutory criteria
for the issuance of a conditional use permit.
Kountz said the proposed parking lot accesses an unpaved alley;
most of the alley on this block is paved, but approximately 300 feet
adjacent to the site is gravel. Kountz said that the Kalispell Public
Works Director had asked that the unpaved portion be paved due
to increased traffic and air quality impacts on the neighborhood.
Kalispell City -County Planning Board
Minutes of Meeting of October 20, 1998
Page 1 of 16
Kountz said one letter from an adjoining landowner had been
received also requesting that the unpaved portion be paved.
Kountz said staff recommendation was for approval.
Public Hearing The public hearing was opened to those in favor.
In favor Suzanne Elliot, Director of Trinity Child Care Center, spoke in
favor, stating they have had an after school care program for five
years and that it had always been well attended. Elliot stated they
changed from rooms in the church to classrooms in the summer
and that additional space would be a huge step for the program
and a good service for the community.
Opposition
No one spoke in opposition.
Board Discussion Hash asked if Kountz had gone over the conditions with the
applicant and if they had any problem with the paving issue.
Kountz said they did not.
Heinecke asked if the alley had to be paved and who would pay for
it. Kountz said that a condition of approval approximately 300 feet
of the alley adjoining the parking lot would be paved by the
applicants. Kountz also said the applicants would pay for the
paving.
Motion Brenneman made the motion that the Board adopt staff report
#KCU-98-8 as findings -of -fact and recommend approval of the
conditional use permit subject to the six conditions as written.
Stevens seconded the motion.
Heinecke made a motion delete Condition #5. Hash stated there
was a motion to amend the motion on the floor and asked for a
second. There was no second and the motion died.
Roll Call Vote On a roll call Brenneman, Garberg, Heinecke, Stevens, Johnson
and Hines voted aye. The motion to approve staff report #KCU-98-8
carried on a vote of 6-0.
BILL LINCOLN TEXT The public hearing was introduced on a request by Bill Lincoln to
AMENDMENT amend the Kalispell City -County Master Plan to "Resort
Commercial' on approximately 135 acres on both side of Conrad
Drive in the area of the Flathead and Stillwater Rivers. The
existing master plan map designates approximately 93 of those
acres as open space consisting generally of
Staff Report: Kountz gave a detailed overview of Staff report #KMPA-98-2. Kountz
stated the site is in two sections along Conrad Drive and Willow
Glen Drive; the draft master plan map shows that an extension of
LaSalle Road would go through part of the site to Conrad Drive.
Kountz said the staff report looks at public interest issues when
Kalispell City -County Planning Board
Minutes of Meeting of October 20, 1998
Page 2 of 16
Jan K. Schwartz
350 Third Ave West North
Kalispell, Montana 59901
October 12, 1998
Flathead Regional Development Office
723 Fifth Avenue East Room 414
Kalispell, Montana 59901
RE: Tuesday, October 20, 1998
Dear Mr. Steve Kountz,
I would like to address the Trinity Evangelical Lutheran Church
request for a conditional use permit. One of my concerns centers
around available parking to the proposed day care center. I am
requesting that parking be made available adjacent and off the
street to the proposed day care. In addition, since I own one-
half of the "existing alley", I want the alley paved by the church.
Other than the before mentioned conditions, I find that a day care
at this location would be acceptable.
Sincerely,
Jan K. Schwartz
LOU
A report to the Kalispell City -County Planning Board and Kalispell City Council regarding a
request for a conditional use permit to convert the existing house at 373 W. Washington
Street to a day care center. A public hearing to review this request has been scheduled
before the planning board on October 20, 1998, in the Kalispell City Council Chambers. The
planning board will forward a recommendation to the City Council for final action.
A. Pe#itioner:
Current Owner:
Trinity Evangelical Lutheran Church
400 W. California St.
Kalispell, MT 59901
James E. and Ardelle Hanson
373 W. Washington St.
Kalispell, MT 59901
Suzanne Elliot
486 3r° Av. WN
Kalispell, MT 59901
B. Summary of Request: The request is for a conditional use permit to convert an
existing house to a day care center. The site is in an R-3 Residential zoning
district. The center would provide after -school care for up to 30 children of ages 6-
12. The site plan proposes a four -space parking lot behind the house. The day
care center would be in the main floor of the house. Bedrooms would be used for a
computer room, art room and game room. Interior improvements to meet building
and fire codes are anticipated.
C. Size and Location: The 0.26-acre property is located at 373 W. Washington St.
The property is described as Assessor's Tract 8RA in Section 7, Township 28
North, Range 21 West, P.M.M., Flathead County, Montana.
D. Existing Land Use and Zoning: The site is currently used as a single-family
residence. The zoning is R-3 Residential.
E. Surrounding Zoning and Land Uses Zoning:
North/West: Lutheran Church/School campus; R-3 Residential zoning
South: Washington St., commercial and residential; B-3 Community Business
East: alley, residential; R-3 Residential zoning
F. Master Plan Designation: The Kalispell City County Master Plan Map designates
this area as high density residential. The proposed project is consistent with the land
use designation of the master plan.
G. Utilities/Services:
Sewer service: City of Kalispell
Water service: City of Kalispell
Solid Waste:
City of Kalispell
Gas:
Montana Power Company
Electric:
Pacific Power
Phone:
Centurytel
Police:
City of Kalispell
Fire:
Kalispell Fire Department
Schools:
School District #5, Kalispell
The application is reviewed in accordance with the conditional use review criteria in the
Kalispell Zoning Ordinance.
1.
2.
Site Suitability:
a. Adequate Useable Space: The site has adequate space to meet the needs of
the day care center. No additions are proposed to the existing house. The
site has adequate space to meet parking requirements. Employee parking is
proposed off -site but within 300 feet at the Trinity Lutheran parking lot. The
site abuts the playground of the Trinity Lutheran School.
b. Adequate Access: The proposed parking lot accesses an unpaved alley.
Most of the alley on this block is paved but approximately 300 feet adjacent to
the site is gravel. To accommodate increased traffic generation from the site
and avoid air quality impacts on the adjacent residential properties, city staff
has recommended paving the rest of the alley. The alley accesses
Washington Street, a city street with curb and gutter but no sidewalks.
C. Environmental Constraints: No environmental constraints are apparent on the
site for the change in use.
Appropriateness of design:
a. Building: Zoning provisions require that an existing house used as a day care
center not be significantly modified to exhibit a non-residential appearance.
No exterior alterations are proposed other than signs and a wheelchair -access
ramp.
z
b. Parking and site circulation: The site plan shows a four -space parking lot on
the site to comply with the Kalispell Zoning Ordinance. Employee parking is
proposed off -site but within 300 feet at the Trinity Lutheran parking lot. The
site plan also proposes a wheelchair -accessible parking space and ramp on
the east side of the house. Zoning requires adequate drop-off and pick-up
areas. The four parking spaces in the back would largely be used as drop-
off/pick-up spaces.
C. Open Space: The site conveniently abuts the playground of the Trinity
Lutheran School, providing a large area of usable open space for the day care
center.
d. Fencing/Screening[Landscaping: The yard has existing landscaping and
fencing. No need for additional fencing or screening is anticipated. The site
abuts the Trinity Lutheran property on the north and west, Washington St. on
the south, and the alley on the east. The parking lot is located behind the
house, well screened from the public right-of-way.
e. Signs: The application proposes two 26"x48" wall signs, one by the front door
and one by the side door facing the alley. The application includes a
photograph of the sign design. The size, location, and design of the signs are
compatible with the house.
3. Availability of Public Services/Facilities:
a. Schools: The day care center is associated with the Trinity Lutheran School.
No impact is anticipated from the proposed use.
b. Parks and Recreation: There is a city park approximately two blocks west of
the site.
C. Police: Police protection will be provided by the Kalispell Police Department.
No unusual impacts or needs are anticipated from the proposed facility.
d. Fire Protection: Fire protection will be provided by the Kalispell Fire
Department. No unusual impacts or needs are anticipated from the proposed
facility. The applicant anticipates interior improvements to meet Uniform Fire
Code requirements.
e. Water and sewer: Municipal water and sewer service is in place.
f. Solid Waste: Solid waste pick-up will be provided by the City.
g. Streets: Traffic generation associated with the center is estimated at 60
average daily trips. The site fronts on Washington Street, a city street with curb
and gutter but no sidewalks.
3
Development and land use impacts of the proposal are anticipated to be typical of
other properties in the immediate neighborhood. Traffic generation and playground
noise would be significantly higher than the existing single-family residence, but the
site is surrounded by the Trinity Lutheran School/Church property on two sides and
abuts a B-3 community business zoning district on the south. No significant impacts
are anticipated from vibration, glare, smoke, fumes, gas, odors, or inappropriate
hours of operation. As discussed above, the adjacent 300-foot section of the alley is
gravel, and paving is recommended to prevent dust impacts on surrounding
properties.
A notice of public hearing was mailed to property owners within 150 feet of the site
approximately 15 days prior to the hearing. As of this writing, one neighbor has
commented that the adjacent section of alley should be paved.
5. Consideration of historical use patterns and recent changes:
The proposal is compatible with the immediate area. The site is surrounded by the
Trinity Lutheran School/Church property on two sides and abuts a B-3 community
business zoning district on the south.
s
No significant negative impacts on property values are anticipated. As discussed
above, the proposal is compatible with the surrounding properties, and the
development and land use impacts would be typical of other properties in the area.
Staff recommends that the planning board adopt the staff report KCU-98-8 as findings of fact
and recommend approval of the conditional use permit subject to the following conditions:
The proposal will be developed in substantial conformance with the approved site
plan and other application materials. The conditions herein shall be met prior to
occupancy.
2. The day care center shall be properly licensed with the State of Montana.
3. The proposed parking and signs shall comply with the Kalispell Zoning Ordinance.
4. The building shall comply with applicable building codes as approved by the Kalispell
Building Department and the Uniform Fire Code as approved by the Kalispell Fire
Chief.
5. The unpaved portion of the adjacent alley shall be paved in accordance with plans
approved by the Kalispell Public Works Department.
a
6. The conditional use permit is valid for a period of 18 months from the date of
authorization.
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VICENTIYMAP
TRINITY EVANGELICAL LUTHERAN CHURCH
REQUEST FOR A CONDITIONAL USE PERMIT TO
CONVERT E)GSTING HOUSE TO A DAY CARE CENTER
R-3, ONE FAMILY RESIDENTIAL ZONING,
KALISPELL ZONING DISTRICT
FILE # KCU-98-8 SCE 1' = 300' �\id1.a�98_e.dw
Flathead Regional Development Office
Ave. East '.sv 414
MT 59901
Phone: 409 r! (406)758-5781
APPLICATION
.s FOR
« CONDITIONAL
....... PERMIT
APPLICATION NATERfAL
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F_ 'Z- u. Q `_—
PROPOSED USE: hl lc� Ce4 )4er
OWNER(S) OF RECORD: {
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Name: i � �i/Ot'1�,i i CG,.(. �...Lc`�?erG-�9 l ..��,{.r'C�. � �cu-,:;�•r-►
Mailing Address: `'q <%� J{.11 On I � �r; � o` ST `�?� ' ►,J, F.:cvhnw
City/State/Zip: Phone:(�lti.�,�_c�(��1'J(�ti��
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PERSON(S) AUTHORIZED TO REPRESENT THE OWNER(S) AND TO WHOM
CORRESPONDENCE IS TO BE SENT:
Name:_ t Zrnf-, 2_ I I oTi -
Mailing Address: q ?
City/ State/Zip: tr Wi IpC1 I 1 1, 0 5-907 - i Phone: (�l t" L) -7 q, — iV �
LEGAL DESCRIPTION OF PROPERTY (Refer to Property Records):
Street Sec. Town- Range
Address: -3�%> �c C �k n4+L11 1 No.2-2-Y-2i ship No.
U
Subdivision
Name:
Tract Lot Block
No(s). iG No(s). No._
Zoning District and Zoning Classification in which use is proposed:
L:2 0 S-60--1 C-I
2. Attach a plan of the affected lot which identifies the following items:
a. Surrounding land uses.
b. Dimensions and shape of lot.
C. Topographic features of lot.
d. Size(s) and location(s) of existing buildings
e. Size(s) and location(s) of proposed buildings.
f. Existing use(s) of structures and open areas.
g. Proposed use(s) of structures and open areas.
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 herebv 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 Sigiia re Date
Reviacd 10/30/97 is
Al
Trinity Evangelical Lutheran Church would like to purchase the property at
373 W. Washington St., Kalispell.
The property would be used by Trinity Lutheran Child Care Center to house 30
afterschool care children. The hours would be from 7:30 - 5:30 Monday through
Friday. The afterschool care program is a program that has been functioning for
5 years, but the program bounces between the church fellowship hall in the
winter and three school classrooms in the summer. This purchase would give
the afterschool care program their own room and a chance to improve the
program. The afterschool care program is a much needed program for the
community. This program almost always has a waiting list and serves the
community as much as, if not more so, than the church.
2a. The surrounding land to this property on two sides is owned by Trinity
Church. The northwest and northeast sides are the playground for Trinity which
would be accessible to the afterschool care program by a gate in the fence.
The southwest side is along W. Washington St. and the southeast side borders
an alley.
b. See attached site plan and deed exhibit.
c. The front of the lot along W. Washington St. is lined with large trees that
would remain in place after the sale of the property. The proposed parking lot
would be completely hidden from view from the street by the house, garage, and
large tree on the northwest side of the house. The backyard is grass with a
small garden - these would be replaced by a paved parking lot.
d. See attached site plan and deed exhibit.
e. No new buildings are being proposed at this time.
f - g. The use of the property at this time is residential. We would like to
convert the house into a child care center for 30 children ages 6 - 12 years old.
(The number 30 in reference to the license limit of children must still be approved
by Family Services for this site.)
The main level of the house would be used as an afterschool care center.
The two bedrooms and the kitchen would be used as activity rooms - computer
room, art room, and game room. The living room would be fumished comfortably
to be used as a meeting room. The basement would be used for storage only.
Changes that we are aware of that need to be made:
The basement ceiling will need to be sheetrocked and a one -hour fire -rated
separation will need to be added to fit the Fire Marshall's requirements along with
the needed smoke detectors and fire extinguishers. A walk-in closet in the back
bedroom will be converted into a handicapped bathroom. Four doorways will be
expanded to fit accessiblity codes. A handicapped ramp will be added onto the
front doorway. The front entryway floor level will be raised 1 /2 inch to meet codes.
The playground surrounding the lot of 373 W Washington will be used for
all outdoor play.
3a - c. Four parking spaces would be put in the back of the house. One
handicapped parking spot would be made near the front -door. A letter from
Diane Harrison is attached to explain why only 5 spaces might be needed.
Traffic would turn off the street, into the alley, and into the parking lot where the
children would be dropped off.
d.- e. This is within city limits, so we would comply with the city's directives.
f. The house and parking lot are sufficiently screened by the trees that are
already in place as stated in 2c.
g. Two signs will be posted on the house. One by the front door and the other
by the side door facing the alley. These signs will most likely be similar to the
signs located on the Child Care Center at 486 3rd Ave. WN. A picture is
enclosed. Actual size is 26' x 48".
h. See attached deed exhibit.
i. At this time the front yard would not be used for anything but a front yard.
The backyard would become a parking lot. The north side would keep the fencing
and deck that it already has in place.
j. The Center would have children from 7:30 - 8:20 in a before school program.
The Kindergarten program would begin at 11:00 and continue into the afterschool
care program until 5:30. The program would be Monday through Friday.
k. The only added noise would be the children's voices and play sounds. Being
located next to a school playground, these sounds should not be in excess to
what is already heard.
When Trinity Child Care Center opened for business over 5 years ago, the
oiling of the alley became their responsibility, so hopefully dust will not be a
concern.
`g.
September 14, 1998
Suzanne Elliott
486 3' Avenue WN
Kalispell, MT 59901
RE: Trinity Lutheran Child Care Center
Dear Suzanne:
This letter is in response to your inquiries regarding parking requirements for the new Trinity
Lutheran Child Care Center. It is my understanding that you are applying for a Conditional Use
Permit to run the day care center out of a home that the church intends to purchase. Whenever a
building is converted from a residential use to a non-residential use, off-street parking must be
provided.
The Kalispell Zoning Ordinance requires that you provide one (1) parking space per
teacher/employee on the largest shift plus one off-street loading space per six (6) students.
Because you will be licensed to care for up to 30 children, you must provide five (5) spaces for
the children plus one space per teacher/employee. The Kalispell Zoning Ordinance allows joint-
ure of parking under certain conditions. Because this day care is just moving from one of the
church's existing buildings to a new building, there will not be a need for any additional
employees. The teachers/employees are already employed by Trinity Lutheran Child Care Center.
The teachers/employees currently park at one of the churches buildings on the same block and will
continue to do so after they move into the new building. The new building is within 300 feet of
the existing parking area, which I believe meets the intent of the Kalispell Zoning Ordinance.
Therefore, I would make the determination, that if the day care provides five spaces for the
children, and that all employees park in the existing parking lot, you will meet the intent of the
zoning ordinance. Please keep in mind that during the Conditional Use Permit process, that
additional requirements could be placed on the day care center. The City -County Planning Board
and/or the City Council may ask for additional parking and that is within their power during the
Conditional Use Permit process.
Please call me at 758-7730 if you have any further questions.
Sincerely,
Diana Harrison
Zoning Administrator
cc: Steve Kountz, FRDO
LAW ENFORCEMENT SERVICES DIVISION
DEPARTIMENT OF JUSTICE
STATE OF MONTANA
Joseph P. Mazurek
Attorney General
August 14, 1998
1310 East Lockey
PO Box 201415
Helena, NIT 59620-1415
FAX: (406) 444-9155
Administration
Trinity Lutheran Day Care
(406) 474-3814
486 3 rd Ave NW
Kalispell, Mt. 59901
Subject: Fire and Life Safety Inspection - Trinity Lutheran Day -
Care - Flathead -
The Fire Prevention and Investigation Bureau is the state agency
inspections
responsible for fire and life safety in the State of
Criminal
Montana. A fire and life safety inspection was conducted at the
Investigatioe
referenced facility on August 5, -1998`- byy Deputy State Fire Marshal
(406)"
(sot;�a�s3a7s
Michael A. Stotts accompanied by Kals ell Fire Marshal Dick
vas
Seddon. This inspection based on the use of the building as
and existing Group E Division 3 occupancy.
The facility at 486 3rd Avenue West should be approved.
As a result of the inspection at the facility at 575 Washington,
the following fire and life safety violations were noted.
Satisfactory compliance with the following will help provide a
Pmenti"n
reasonable degree of fire and life safety consistent with the
and
Uniform Fire Code (UFC) , the Uniform Building Code (UBC) ,1994
Investigation
editions and all other applicable codes and standards. -
tiureau
(406) 444-2W
Smoke Detectors - hard wired smoke detectors must be installed
on all floors.
Fire Extinguishers - fire extinguishers (2A 1OBC) must be
installed on all floors.
Identification
Basement - The basement can not be used as a day care center.
Duran 44-Mu
The basement must be separated from the day care center by a one -
hour fire -rated separation.
Please do not hesitate to call if we can be of further assistance,
or if you need clarification.
Sincerely,
Narcotics
D restipttioa
ureaa
(4W dW-3i73
Michael A. otts, De uty State Fire Mars a
Kalispell Office (406f 2y7-2584
cc: Kalispell Fire Marshal, Dick Seddon
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