1. Conditional Use Permit - Samaritan House, Inc.Planning Department
201 1" Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.kafispell.com/plannin�
REPORT TO: Kalispell Mayor and City Council
FROM: Sean Conrad, Senior Planner
Myrt Webb, Interim City Manager
SUBJECT Conditional Use Permit to operate a school within an existing building
in a P-1, Public, zoning district
MEETING DATE: August 3, 2009
BACKGROUND: The Kalispell City Planning Board met on July 14+h and held a public
hearing to consider a request from The Samaritan House on behalf of the Flathead Special
Education Cooperative to locate the Cooperative in a nortion of a building located at 1110 2nd
Street West. The Cooperative is considered a school which requires a conditional use permit
within the P-1 zoning district.
The Cooperative would lease a portion of the existing building, approximately 12,000
square feet in size, which was formerly used as an armory. The property is approximately
2.5 acres and can be described as assessor's tract 5DAB located in Section 21, Township
28 North, Range 21 West.
Kalispell Planning Department staff presented staff report KCU-09-9 and reviewed the
proposed project. Staff recommended approval of the conditional use permit subject to 4
conditions.
During the public hearing Bob Donahue and Chris Krager, Executive Director of the
Samaritan House, spoke in favor of the proposal. No one else spoke either for or against
the project and the public hearing was closed.
The planning board closed the public hearing and then unanimously approved the
recommendation that council approve the conditional use permit subject to the 4
conditions listed in the staff report.
RECOMMENDATION: A motion to approve the conditional use permit with the 4
conditions recommended by the planning board would be in order.
FISCAL EFFECTS: Minor positive impacts once fully developed.
ALTERNATIVES: As suggested by the city council.
Respectfully submitted,
Sean Conrad
Senior Planner
Report compiled: July 28, 2009
c: Theresa White, Kalispell City Clerk
6yW'� ebb
Interim City Manager
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MINUTES OF REGULAR MEETING
JULY 14, 2009
CALL TO ORDER AND ROLL
The regular meeting of the Kalispell City Planning Board
CALL
and Zoning Commission was called to order at 7:00 p.m.
Board members present were: Bryan Schutt, John Hinchey,
Rick Hull, C.M. (Butch) Clark, Chad Graham and Troy
Mendius. Richard Griffin was absent. Sean Conrad, P.J.
Sorensen and Tom Jentz represented the Kalispell Planning
Department. There were 6 people in the audience.
APPROVAL OF MINUTES
Clark moved and Hinchey seconded a motion to approve the
minutes of the June 9, 2009 meeting of the Kalispell City
Planning Board and Zoning Commission.
ROLL CALL
The motion passed unanimously on a roll call vote.
PUBLIC COMMENT
No one wished to speak.
SAMARITAN HOUSE,
A request by the Samaritan House, Inc. for a conditional
INC./FLATHEAD SPECIAL
use permit to locate the Flathead Special Education
EDUCATION COOPERATIVE
Cooperative within an existing building at 1110 2nd Street
CONDITIONAL USE PERMIT
West. The property is zoned P-1, Public, which requires a
conditional use permit to operate a school, public or private.
The existing building is the former Armory building located
immediately north of Peterson Elementary School at the
corner of South Meridian Road and 2nd Street West.
STAFF REPORT KCU-09-09
Sean Conrad, representing the Kalispell Planning
Department reviewed staff report KCU-09-09.
Conrad reviewed the location of the facility and the
surrounding zoning and uses.
Conrad briefed the board on the functions of the Flathead
Special Education Cooperative which is a non-profit
educational unit with the Office of Public Instruction with the
purpose of providing special and related services to students
between the ages of 3-14 years of age attending and residing
in school districts that do not offer any kind of special
education programs. The Cooperative contracts with the
schools for these services.
Conrad reviewed the site and floor plans for the board.
Staff recommends that the Kalispell City Planning Board and
Zoning Commission adopt staff report KCU-09-09 as findings
of fact and recommend to the Kalispell City Council that the
conditional use permit be approved subject to the 4
conditions listed in the staff report.
Kalispell City Planning Board
Minutes of the meeting of July 14, 2009
Page 1 of 6
Conrad noted one condition requires additional landscaping
on the east side of the parking lot to screen the cars from the
adjacent homes and another condition requires the lighting
on the building be brought into compliance with the city's
lighting standards.
Conrad added a letter in support of the conditional use
permit was received.
BOARD QUESTIONS
Hinchey asked if this use would be subject to a payment in
lieu of taxes (PILT) and Conrad said because the Co-op is
part of the school district and would not compete with for -
profit businesses they would not be subject to a PILT.
Schutt asked if the Co-op is purchasing the building and
Conrad said they are leasing a portion of the building.
APPLICANT/CONSULTANTS
Bob Donahue, 845 Highland Drive, Whitefish stated he is
representing Samaritan House and said they took possession
of the building August of 2008 and at that time put 2 offices
in the building for their needs. Since they have such a large
building which they don't have use for they thought leasing
out a portion of the building would generate some income to
be used to provide better services for the homeless in this
area.
PUBLIC NEARING
Chris Krager, Director, Samaritan House, 124 9th Avenue
West stated the former Armory was very close to the hearts of
a lot of people in the area and to continue the community
spirit they removed the sign from the front yard and are
displaying it on the wall in the assembly hall with other
information as a tribute to the men who served there. Krager
added there will only be offices for the Samaritan House in
this location and not any direct homeless services.
MOTION
Hull moved and Clark seconded a motion to adopt staff
report #KCU-09-09 as findings of fact and recommend to the
Kalispell City Council that the conditional use permit be
approved subject to the conditions listed in the staff report.
BOARD DISCUSSION
None.
ROLL CALL
The motion passed unanimously on a roll call vote.
NEATER INITIAL ZONING
A request from Chris Neater to annex 1.49 acres and zone
UPON ANNEXATION
the land B-2 (General Business) and I-1 (Light Industrial)
REQUEST
upon annexation. The B-2 zoning would encompass
approximately one acre on the east side of the property
where the existing commercial buildings are located. The I-1
zoning would encompass approximately 0.49 acres on the
west side of the property which is currently vacant. The 1.49
acre project site is located on the west side of Highway 93
Kalispell City Planning Board
Minutes of the meeting of July 14, 2009
Page 2 of 6
Planning Department
201 1" Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.kahspeR.com/planning
July 28, 2009
Myrt Webb, Interim City Manager
City of Kalispell
P.O. Box 1997
Kalispell, MT 59903
Re: Conditional Use Permit to operate a school within an existing building in a P-1,
Public, zoning district
Dear Myrt:
The Kalispell Citv Plann;na Board met on Julv 14th and held a public hearine to consider a
request from The Samaritan House on behalf of the Flathead Special Education Cooperative
to locate the Cooperative in a portion of a building located at 1110 2nd Street West. The
Cooperative is considered a school which requires a conditional use permit within the P-1
zoning district.
The Cooperative would lease a portion of the existing building, approximately 12,000
square feet in size, which was formerly used as an armory. The property is approximately
2.5 acres and can be described as assessor's tract 5DAB located in Section 21, Township
28 North, Range 21 West.
Sean Conrad, with the Kalispell Planning Department, presented staff report KCU-09-9
and reviewed the proposed project. He recommended approval of the conditional use
permit subject to 4 conditions.
During the public hearing Bob Donahue and Chris Krager, Executive Director of the
Samaritan House, spoke in favor of the proposal. No one else spoke either for or against
the project and the public hearing was closed.
The planning board closed the public hearing and then unanimously approved the
recommendation that council approve the conditional use permit subject to the 4
conditions listed in the staff report.
Please schedule this matter for the August 3, 2009 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
Bryan H. Schutt
President
Attachments: Letter of transmittal
Staff Report #KCU-09-9 and supporting documents
Draft minutes from the 7/ 14/09 planning board meeting
c w/ Att: Theresa White, Kalispell City Clerk
c w/o Att: Samaritan House, Inc.
124 9th Avenue West
Kalispell, MT 59901
Bob Donahue
845 Highland Drive
Whitefish, MT 59937
EXHIBIT A
SAIVt MTAN HOUSE CONDITIONAL USE PERM[T
K.ALISPELL CITY PLANNING BOARD
JULY 14, 2009
The Kalispell City Planning Board held a public hearing on this matter at the regularly
scheduled planning board meeting on July 14, 2009. The following conditions are
recommended with approval of the conditional use permit:
Prior to the Flathead Special Education Cooperative occupying the building the following
conditions shall be met:
1. All required building and fire safety codes for the area serving the Flathead Special
Education Cooperative shall be completed.
2. Bushes shall be planted along the east side of the existing parking lot which have a
minimum mature height over 5 feet to screen the parking lot and cars from the
adjacent homes. Prior to installing the bushes the location, size and type of bush
shall be reviewed and approved by the Planning Department and Parks and
Recreation Department.
Note: The bushes shall be a minimum 5 gallon in size at the time of planting and
shall be kept in a healthy condition. Dead or dying bushes shall be replaced by the
property owner.
3. Exterior building lights shall be brought into compliance with the city's lighting
standards in the Kalispell Zoning Ordinance.
On -going condition
4. 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.
SAMARITAN HOUSE, INC.
REQUEST FOR A CONDITIONAL USE PERMIT
KALISPELL PLANNING DEPARTMENT
STAFF REPORT #KCU-09-9
JULY 7, 2009
This is a report to the Kalispell City Planning Board and Kalispell City Council regarding a
request for a conditional use permit to operate a school within an existing building in a P-1,
Public, zoning district. A public hearing on this matter has been scheduled before the
Planning Board for July 14, 2009 beginning at 7:00 PM, in the Kalispell City Council
Chambers. The planning board will forward a recommendation to the Kalispell City Council
for final action.
BACKGROUND INFORMATION: The 2.5 acre project site is located at the northeast corner
of the intersection of 2nd Street West and South Meridian Road. The site includes a former
U.S. Army Reserve armory building. The southern portion of the building was constructed
in 1953 with the larger, northern portion of the building constructed in 1978. This larger,
newer portion included an auto shop, large assembly area and rifle range. The armory was
used primarily for office and classroom uses. The auto shop was never used as the funding
to staff it was never authorized. The building went through an extensive remodel both
interior and exterior in 2002. Shortly after the remodel the facility was shut down.
The Samaritan House acquired the building and property from the federal government in
July of 2008. Now that the Samaritan House owns the property they are looking for
tenants to utilize the space since the Samaritan House is currently using the building for
office space for only one to two staff.
Due to the property's location in Kalispell the following issues will need to be addressed at a
future date when building expansion or significant interior redevelopment occurs on the
property:
• Removal of barb wire from security fencing
• Restriping of parking lot which may include striping and signs for disabled parking
• Installation of a sidewalk and street trees along the property's frontage of 2nd Street
West
• Installation of street trees along the property's frontage of South Meridian Road
• Additional landscaping along the south property line between existing residential
zoned properties and fenced parking lot
• Bringing other portions of the building up to current fire and building code
standards
• Addressing any potential contamination in the area used as a gun range
These issues are general in nature and reflect a brief on -site review of the property and
cursory discussions with other city departments. However, as Samaritan House now owns
the property they will ultimately assume the responsibility to address the above issues and
any others that may arise during the review of further development at this site.
Owner: Samaritan House, Inc.
124 9th Avenue West
Kalispell, MT 59901
(406) 257-5801
Petitioner: Bob Donahue
845 Highland Drive
Whitefish, MT 59937
(406) 862-5139
Size and Location: The property is located at 1110 2nd Street West. The existing building
is the former U.S. Army Reserve armory building located immediately north of Peterson
Elementary School at the corner of South Meridian Road and 2nd Street West. The property
is approximately 2.5 acres and can be described as assessor's tract SDAB located in
Section 21, Township 28 North, Range 21 West.
Figure 1: View of the existing building from 2nd Street West.
A. Summary of Request: The Samaritan House, Inc., owners of the property, is
requesting a conditional use permit on behalf of the Flathead Special Education
Cooperative to locate the Cooperative in a portion of the building located at 1110 2nd
Street West. The Cooperative is a non-profit educational unit with the Office of
Public Instruction with the purpose of providing special and related services to
students between the ages of three and fourteen years of age attending and residing
in 15 school districts. The Cooperative provides school psychological, speech and
2
language services and other related services of occupational and physical therapy
and consultation for hearing, vision and assistive technology. When necessary, the
Cooperative takes the responsibility of providing direct special education services to
students who are not able to be served in their home school district through a
program individualized to the needs of that student's disabilities.
The Cooperative operates Monday through Friday with educational programs from
8:00 to 4:00 and office hours extending to 5:00. The Cooperative is staffed daily with
one teacher, at least two para educators, one director and one office assistant. Other
teachers or related personnel, approximately 3 to 4, may be at the building during
the above mentioned hours.
B. Existing Land Use and Zoning: The property is zoned P-1, Public, and is
developed with one building, approximately 12,000 square feet in size, and an
associated parking lot.
C. Adjacent Land Uses and Zoning: The immediate area is characterized by single-
family homes, businesses and an elementary school. Surrounding zoning reflects
the mix of land uses with city and county residential zoning to the east, south and
west of the project site. City B-2, General Business, zoning is located north of the
project site.
Figure 2: Aerial view of the Samaritan House property and adjacent properties
3
D. Relation to the growth Policy: The current Kalispell City Growth Policy Map
designates the 2.5 acre project site as Public, which provides the basis for the P-1,
Public, zoning designation. The growth policy map lists uses such as schools,
city/county/homeowners parks and government facilities being appropriate uses
within the Public land use designation. The requested conditional use permit for a
special education cooperative is included under schools and is an appropriate land
use for the property.
E. Utilities/Services:
Sewer service: City of Kalispell
Water service: City of Kalispell
Solid Waste:
City of Kalispell
Gas:
Northwestern Energy
Electric:
Flathead Electric Cooperative
Phone:
CenturyTel
Police:
City of Kalispell
Fire:
Kalispell Fire Department
Schools:
School District #5, Kalispell
EVALUATION OF THE REQUEST
This application has been reviewed in accordance with the conditional use review criteria in
the Kalispell Zoning Ordinance.
1. Site Suitability:
a. Adequate Useable Space: The property is approximately 2.5 acres in size and
contains an existing building formerly used as a U.S. Army Reserve armory.
There is adequate space on the site for the proposed use within the existing
building for a special education cooperative.
b. Adequate Access: The property is accessed off of 2nd Street West, an
approximately 44 foot wide city street. The existing access is adequate to
serve the building and future uses within the building including the special
education cooperative.
C. Environmental Constraints: There are no obvious environmental constraints
apparent on the property.
2. Appropriate Design:
a. Parking Scheme: A portion of the existing building will be used by the
Flathead Special Education Cooperative to conduct their services. The
building and property was formerly used as an armory and there is a parking
lot located to the east of the existing building. The main parking lot accessed
off of 2nd Street West includes 41 parking spaces. These spaces meet the
minimum 9' x 20' parking space size required in the zoning ordinance.
The Kalispell Zoning Ordinance, Section 27.26.050(29), requires the following
spaces to be provided for elementary and junior high schools: 1 per each
El
employee plus 1 space per 2 classrooms plus either (a) 1 space per 4 fixed
seats or (b) 1 space per 40 square feet of gross floor area in the largest
assembly area, whichever is greater. The Cooperative will be using two
classrooms and have a minimum staff of five based on their application. This
will require six parking spaces which the existing parking lot can
accommodate. Planning staff is not requiring the additional parking for the
assembly area because no area is needed or provided to the school.
An additional parking lot is located between the building and alley, on the
east side of the property. This area is secured with a chain link fence topped
with barb wire and was presumably used for securing military equipment.
The parking lot is still fenced and is not needed to meet the off-street parking
spaces for the proposed special education cooperative. This area may be
needed in the future depending on the owner's development plans for the
property.
b. Traffic Circulation: Access to the existing building and parking lot is provided
by 2nd Street West. This city street has handled traffic associated with the
former use of the property as an armory and is able to accommodate the five
to eight vehicle trips per day associated with the Cooperative.
•r
C. Open Space: No specmc open space requirements are required under the P-1
zoning district other than the required setbacks. The existing grounds
provide for open space in the form of grass and landscaping on the south and
portions of the west side of the existing building, between the building and
adjacent city streets.
d. Fencing/Screening/Landscaping: The property has mature landscaping on
the south and east sides of the building as shown in figure 1 of this report.
The existing landscaping helps to blend the otherwise out of place armory
building with the surrounding land uses such as the elementary school,
single-family residences and small scale commercial buildings. There is also
some mature landscaping along the east side of the parking lot adjacent to
the neighboring residential homes which help to screen the parking lot and
cars.
Although portions of the parking lot are screened from the neighboring homes
there are two areas along the east side of the parking lot that do not have
trees or bushes to screen the cars when the parking lot is in use. These two
areas are shown in figure 3 below. Staff is recommending that within these
two areas bushes be planted to eventually screen the parking lot and vehicles
to the adjacent residential homes. The bushes should be a minimum size of 5
gallons at the time of planting and be installed prior to the Cooperative
occupying the building.
Figure 3: Two areas along the eastern perimeter of the parking lot which need
additional landscape screening. The area shown on the left is approximately
30 feet in length; the area on the right is approximately 55 feet in length.
e. Signage: No signs have been proposed as part of the application.
Lighting: Section 27.22.104 of the Kalispell Zoning Ordinance sets standards
for all outdoor lighting on commercial or residential structures. During a site
inspection of the property by staff the majority of the buildings outdoor
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several lights do not meet this standard and staff is recommending that prior
to operating the school within the building the existing non -conforming
building lots be brought into compliance.
Figure 4: Existing wall mounted lights that need to be brought into
compliance with the city's lighting standards
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.
b. Parks and Recreation: There should be no significant impact on the parks
and recreation programs and facilities as a result of this use.
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 will be provided by the Kalispell Fire
C.
Department. No unusual impacts or needs are anticipated from the proposed
use. There are existing fire hydrants to the south and west of the existing
building in the street right-of-ways for 2nd Street West and South Meridian
Road.
e. Water: City water currently serves the existing building. No significant
impact on water services can be anticipated as a result of this use.
f. Sewer: Sewer service is currently provided by the City of Kalispell. No
significant impacts on City sewer services can be anticipated as a result of the
proposed use.
g. Storm Water Drainage: Storm water runoff from the parking lots collects in
either on -site landscape strips or is directed towards the street. Storm water
catch basins are located at the intersection of 2nd Street West and South
Meridian Road. These catch basins direct water into existing city storm water
lines and carry the water south.
h. Solid Waste: Solid waste pick-up is provided by the City. This project will
have no impact on current services.
i. Roads: 21id Street West serves as the main access to the building and parking
lot which the Cooperative will use. The street is in good condition. There is a
driveway access off of South Meridian Road but is not proposed or needed for
the requested use.
4. Neighborhood impacts: The Cooperative is proposed in an existing building located
in a well -established urban residential neighborhood. Impacts to the neighborhood
should be relatively insignificant as the children and staff will be at the site during
regular business hours during the week. Traffic will be limited to the staff and the
several children that visit the site during the day.
5. Consideration of historical use patterns and recent changes: This area has
historically included an armory building with offices and classrooms within a
residential and commercial neighborhood. Little has changed over the last 20 to
30 years.
6. Effects on property values: No significant negative impacts on property values
are anticipated. As previously mentioned the proposed Cooperative will not create
any adverse impacts with regard to noise or traffic and the use will have little
impact to surrounding neighbors because it will be conducted entirely within the
existing building on the property.
The staff recommends that the planning board adopt the staff report #KCU-09-9 as findings
of fact and recommend to the Kalispell City Council that the Conditional Use Permit be
approved subject to the following conditions:
Prior to the Flathead Special Education Cooperative occupying the building the following
conditions shall be met:
All required building and fire safety codes for the area serving the Flathead Special
Education Cooperative shall be completed.
2. Bushes shall be planted along the east side of the existing parking lot which have a
minimum mature height over 5 feet to screen the parking lot and cars from the
adjacent homes. Prior to installing the bushes the location, size and type of bush
shall be reviewed and approved by the Planning Department and Parks and
Recreation Department.
Note: The bushes shall be a minimum 5 gallon in size at the time of planting and
shall be kept in a healthy condition. Dead or dying bushes shall be replaced by the
property owner.
3. Exterior building lights shall be brought into compliance with the city's lighting
standards in the Kalispell Zoning Ordinance.
On -going condition
4. 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.
M
PLANNING FOR THE RTIURE
Planning Department
201 1st Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.kalispell.com/plannin
APPLICATION FOR ADMINISTRATIVE CONDITIONAL USE PERMIT
PROPOSED USE: q vj
P2 I ✓ 9 E . 62 A Dc 5 / - �..
OWNER(S) OF RECORD:
Name: SA,,mQ d�a aS � r Lu-c.
Mailing Address: loZW 97/1 �y�
City/State/Zip: /✓17- Phone:
PERSON(S) AUTHORIZED TO REPRESENT THE OWNER(S) AND TO WHOM ALL
CORRESPONDENCE IS TO BE SENT:
Name: � 0 6 �J".'A l-j U C
Mailing Address: 5 T 3
City/State/Zip: Ztb//+c-FiSFJ, 14 59 ` 7 Phone:
LEGAL DESCRIPTION OF PROPERTY (Refer to Property Records):
Street uo Sec. Town- Range
Address: WO 5 �1Es%J % L15P�u , �Y4T No. %Y ship -ZL'f No. 1
Subdivision Tract Lot Block
Name: No(s). 50V� No(s). No.
1. Zoning District and Zoning Classification in which use is proposed:
-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.
h. Existing and proposed landscaping and fencing.
1
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.
L 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 Kalispell Planning staff to be present
on the property for routine monitoring and inspection during the approval and
development process.
Applicant Signature
Date
INSTRUCTIONS FOR CONDITIONAL USE PERMIT APPLICATION
1. Submit the correct fee, (per schedule below) completed application and appropriate
attachments to the Kalispell Planning Department (address on the front of this form).
Fees - Administrative Conditional Use Permit
Residential
Commercial / Industrial
2
$75
$150
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KALISPELL MONTANA
No.l 6l1N9Ef PLAZA ICALIePEU,Wtfr NA 406-25-7125
1001 South Main
Flathead Special Education Cooperative KALISPELL. MONTANA 54401
Dr. Noranne Yeager, Director Phone:
(406) 257-1852
Amber Yoder, Administrative Assistant Phone: (406) 257-1857 FAX: (406) 752-6001
http://fsec.schools.officelive.com
The Flathead Special Education Cooperative is a non-profit educational unit with the
Office of Public Instruction with the purpose of providing special and related services to students
between the ages of three and fourteen years of age attending and residing in the 15 school
districts participating in the Agreement of the Cooperative. The Cooperative provides school
psychological, speech and language services and other related services of occupational and
physical therapy and consultation for hearing, vision and assistive technology. In addition, the
office assists in referrals to other out -of -district placements, programs or state agencies providing
individualized free and appropriate public education in the least restrictive environment for
students identified with a disability through a school referral and testing procedure. When
necessary, the Cooperative takes the responsibility of providing direct special education services
to students who are not able to be served in their home school district through a program
individualized to the needs of that student's disabilities. The location of the educational program
at the Armory, owned by the Samaritan House is the reason for this application for conditional
use permit.
For the purpose of the application for the conditional use permit with the city of
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the Samaritan House and located at the corner of Meridian and 2nd St. West.
a. Traffic flow - parking by the employees of the Cooperative and with the day to day
operation of the educational program, off street parking will be used on the west side of
the building.
b. Access to and circulation within the property — use of streets and sidewalks to the
building
c.. Off-street drop off and pick up — parents or vehicles providing transportation of the
students to the program will use the west parking lot for that purpose.
d. Refuse — usual garbage pickup bins will be used.
e. Utilities — no unusual or excessive need for electricity or heat
f. Screening and buffering — n.a.
g. No signs are needed to advertise the educational program.
h. Height, bulk and location of structures — n.a.
i. Location of proposed open space uses - use of lawn adjacent to the building
j. Hours of the educational program - will be 8:00 to 4:00 with office use extending to
5:00 on days Monday through Friday. Employees of the program - 1 teacher — at least 2
paraeducators, 1 director and 1 office assistant will be there on a daily basis. Other
related service personnel (3-4) will come and go from the program during working hours
and working days.
k. noise, light, dust, odors, fumes and vibration — n.a.
The educational program will provide individualized special education to students
with a commitment to the rules and regulations of special education in Montana. A self-
contained educational program must be staff with certified teachers, paraeducators and
licensed therapists for services, but with limitations to the number of students served (no
more than eight). Each year, the program's goal and objectives for each student is to
g 1001 South Main
EducationFlathead Special KALISPELL, MONrANA 59901
Dr. Noranne Yeager, Director Phone: (406) 257-1852
Amber Yoder, Administrative Assistant Phone: (406) 257-1857 FAX: (406) 752-6001
http://fsee.schools.officelive.com
help them reach potential and become as independent as possible with transition back to
their home school district or next educational placement.
The Special Education Cooperative is governed by federal Law — P.L. 101-476
Individuals with Disabilities Education Act IDEA, Section 504 of the Rehabilitation Act of 1973
and P. L. 99-457(preschool for services). Additionally, the State of Montana has adopted the
Montana Administrative Statutes and Rules for Special Education Manual of 2004 with the most
recent State Attorney signed Interlocal Agreement for the Flathead Special Education
Cooperative in 1996. The Flathead County Superintendent of schools is designated as prime
agency for this Cooperative as stated in M.C.A. 20-9-701 for financial administration of the
Cooperative, employees, services or programs. Two boards (Executive Council and
Management Board) composed of school administrators or representatives of the school district
exist for the guidance and assurance of funds expended, services, and guaranteed free and
anr�rnnria+a a�iinatinn n�e1-iiraanta
µYYl V1J11u1.V VUUVGLl1V11 Vl JCULLV111.J.
Submitted by
Noranne Yeager, Director
Flathead Special Education Cooperative
1001 S. Main
Kalispell, MT 59901
3a. Traffic flow and control.
The staff and students would enter the building along sidewalks from a large parking area
located on the east side of the building. The parking area currently holds over forty
parking spaces.
3b. Access to and circulation within the property.
Access to the building would be from the parking area along sidewalks to the main
entrance on 9th Avenue West. Once inside the building access to the areas used by the
Flathead Special Education Cooperative would be by way of the main hallway.
3c. Off-street parking and loading.
There are over forty parking spaces in the main parking lot with additional space for one
hundred vehicles if necessary. Loading can be accessed through a side door adjacent to
the parking area. In addition there is a large doorway for larger items.
3d. Refuse and service areas.
Refuse and service are accessed through the parking lot. Usual garbage containers will
be used.
3e. Utilities.
Flathead Electric Cooperative, Northwest Energy, and city sewer and water service the
building.
3f. Screening and buffering.
The east side of the property is adjacent to residential housing. This residence is
separated by a chain link fence and partly screened by shrubbery.
3g. Signs, yards and other open spaces.
The Samaritan House has no intention to erect a sign identifying this building as part of
our organization. The Flathead Special Education Cooperative has said they have no
need for a sign. There is a large area on the west and south sides of the building, which
is, landscaped and open. This will remain.
3h. Height. bulk and location of structures.
The buildings are one story brick. See attached map for location of buildings on the
property.
3i. Location of proposed open space uses.
See attached map for location of open space. We have no plans to change the open
space.
3j. Hours and manner of operation.
The hours of operation would be 8:00 AM to 5:00 PM Monday through Friday.
3k. Noise, light, dust, odors, fumes and vibration.
Our intent is to use this building for offices and a school. There would be little if any
noise and light, and no dust, odors, fumes, and vibration.
�*1]AW1fifkif*1kN
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.48 .
LEGAL DESCRIPTION
The property is described as follows:
Government Lot 1, Section 18, Township 28 North, Range 21 West of the Montana
Principal Meridian, Flathead County, Montana and more particularly described as
follows:
Beginning at a point south 13' east 33.0 feet and south 77' west 16.0 feet from the
southwest corner of Block 16 of Western Addition to Kalispell, Montana; thence
westerly 485.5 feet along the centerline of Second Street West to the east boundary of
Meridian Road; thence northerly along the east boundary of said Meridian Road 346.0
feet to a point of intersection with the westerly extension of the southerly boundary of
First Street West; thence northeasterly along said southerly boundary of the westerly
extension of First Street West 392.5 feet to a point on the westerly boundary of the
. 11—;,-. 117--+o..,., eaa;+;�„-, +.. TI.,l;� -11 ..,];,. +.. +1-- --A-A ...1-4- +L. �. a-t..
CUl L%-./ LL1 VV Va LL:111 CILLLLLLLVII LV 11CLLLO.V kIJA, al.l.lJ1 LL1L1r, LV LL1G 1Gl.Vl L1Gu JJICLL L11Gl GLA, thence
southeasterly along the westerly boundary of said alley 333.0 feet to the POINT OF
BEGINNING; EXCEPTING therefrom that portion included in Second Street West;
EXCEPTING therefrom a tract of land described as the south 125.00 feet of the east
150.0 feet of the above described portion of Government Lot 1 as measured along the
aforesaid westerly boundary of the alley in Western Addition to Kalispell and the
northerly boundary of said Second Street West; and EXCEPTING therefrom the tract
conveyed to Flathead County by Warranty Deed recorded in Book 200 of Deeds, Page
231, described as follows: beginning at a point on the east right of way line of the
County Road on the west boundary of Section 18, Township 28 North, Range 21 West,
where the north line of the County Road, which is an extension of Second Street West
in Kalispell, intersects said east right of way; thence north 100.0 feet; thence south
27°10' ease 49.0 feet; thence south 46°40' east 29.0 feet; thence south 66°40' east
44.0 feet; thence south 76°00' west 88.0 feet to the point of beginning.
Containing 2.42 acres, more or less.
2196 Mission Trail
Kalispell, MT 59901
July 5, 2009
Kalispell Planning Department
201 1" Avenue East
Kalispell, MT 59901
Dear Planning Board,
KALISPELL PLANNING DEPARTMENT
At the July 14, 2009 Planning Board meeting the Samaritan House, Inc. is requesting a
conditional use permit to locate the Flathead Special Education Cooperative in the former
Army Reserve Center. We own the adjoining property: 1027 and 1029 2nd Street West
(5DA and 5DAD). We support the Samaritan House's request for the permit to locate
the Flathead Special Education Cooperative at the former Army Reserve Center building.
This building is already located in a school area right across the street from Peterson
grade school and would serve as a school quite well. This will be a good positive use for
a fine building serving special needs children from our whole community.
Yours truly,
John and Carol Free
DOB
7/
r- AVW4-
_M
PLANNING FOR THE FUTURE
Date: June 19, 2009
To: Kalispell City Departments
From: Sean Conrad, Senior Planner
Re: July Planning Board
Planning Department
201 1" Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fag: (406) 758-7739
www.kalispell.com/planning
The Planning Department has received the following application for review at the
July planning board meeting:
• A request by the Samaritan House, Inc. for a conditional use permit to locate
.I- - Tl_tL__-3 [1___ _1 TJ___ !1_ L7_ 1 '.
Brie r iatheau Special. r aucation Cooperauve within an existing auiiamg at
1110 2nd Street West. The property is zoned P-1, Public, which requires a
conditional use permit to operate a school, public or private. The existing
building is the former Armory building located immediately north of Peterson
Elementary School at the corner of South Meridian Road and 2nd Street West.
The property can be described as assessor's tract 5DAB located in Section
21, Township 28 North, Range 21 West.
If your office has any comments on the proposed project please provide them to me
by June 25, 2009, so I can include them in my staff report.
c: w/ attachments: Myrt Webb, Interim City Manager
Mike Baker, Parks and Recreation Director
Public Works Department
Jeff Clawson, Plans Examiner
Chad Fincher, Parks Superintendent
Charles Harball, City Attorney
Roger Krauss, Assistant Police Chief
DC Haas, Fire Marshall
P.J. Sorensen, Zoning Administrator
Katharine Thompson, Community Development
James Freyholtz, Kalispell MDT office
APPLICANT: Flathead Special Education Co-op/Samaritan House
I, the undersigned certify that I did this date mail via First Class Mail a copy
of the attached notice to the following last of landowners adjoining the
property lines of the property where a conditional use permit has been
requested.
S-T-it: 18-28-21
Tract/Lot: SDAB
Property Owners:
Samaritan House, Inc.
124 9th Avenue West
Kalispell, MT 59901
Bob Donahue
845 Highland Drive
Whitefish, MT 59937
Date: / �l
AND ATTACHED LIST
Samaritan House, Inc. Bob Donahue Nancy E. Howell
124 9tn Avenue West 845 Highland Drive 2585 US Highway 2 West
Kalispell, MT 59901 Whitefish, MT 59937 Kalispell, MT 59901
Gary & Ruby Anderson Earl & Pauline Johnson International Llama Registry
102 South Meridian Road 2221 Mission Trail 11 1/2 South Meridian Road
Kalispell, MT 59901 Kalispell, MT 59901 Kalispell, MT 59901
Ron & Edna Carter Edward & Minnie Medwig Richard & Sandra Bedrin
100 South Meridian Road 136 loth Avenue West 103 1Oth Avenue West
Kalispell, MT 59901 Kalispell, MT 59901 Kalispell, MT 59901
Larry & Sandra Johnson Terry & Michelle Eacker Devereux & Bonnie Stutsman, II
112 1Oth Avenue West P.O. Box 10653 134 10th Avenue West
Kalispell, MT 59901 Kalispell, MT 59904 Kalispell, MT 59901
Cle Ella Davis Grant & Elouise Kendrick Carol Free
125 loth Avenue West P.O. Box 8024 John Free
Kalispell, MT 59901 Kalispell, MT 59904 2196 Mission Trail
Kalispell, MT 59901
Charles & Kathleen Vernon Ricky & Susan Oikle Wayne & Tammy Grilley
2521 Mission Trail 14 South Meridian Road Marilyn Peterson
Kalispell, MT 59901 Kalispell, MT 59901 200 Steel Bridge Road
Kalispell, MT 59901
Earl Eystad Angelique & John McCrorie Lanny Scovel
2060 US Highway 2 West P.O. Box 8942 110 South Meridian Road
Kalispell, MT 59901 Kalispell, MT 59904 Kalispell, MT 59901
Susan Julian Don & Sharon Read City of Kalispell
31 5th Avenue East P.O. Box 8343 Attn: City Clerk
Kalispell, MT 59901 Kalispell, MT 59904 P.O. Box 1997
Kalispell, MT 59903
School District #5 Alan Beckman David & Pamela Fairbank
233 lst Avenue East 1370 US Highway 2 East 320 Gray Lane
Kalispell, MT 59901 Kalispell, MT 59901 Kalispell, MT 59901
Lynn Sterling
36 1011, Avenue West
Kalispell, MT 59901
PLANK NG £OR THE FUTURE
', fitJF;! f j
Planning Department
201 V Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.kalispell.com/plannins
You are being sent this notice because you are either a property owner within 150 feet, or in
the vicinity 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 for additional information or visit our website at
www.kalispell.com/-Planning/.
NOTICE OF PUBLIC HEARING
KALISPELL CITY PLANNING BOARD AND ZONING
July 14, 2009
The regular meeting of the Kalispell City Planning Board and Zoning Commission is scheduled
for Tuesday, July 14, 2009 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 a
recommendation to the Kalispell. City Council who will take final action.
1. A request by the Samaritan House, Inc. for a conditional use permit to locate the
Flathead Special Education Cooperative within an existing building at 1110 2-d Street
West. The property is zoned P-1, Public, which requires a conditional use permit to
operate a school, public or private. The existing building is the former Armory building
located immediately north of Peterson Elementary School at the corner of South Meridian
Road and 2nd Street West. The property can be described as assessor's tract 5DAB
located in Section 21, Township 28 North, Range 21 West.
2. A request from Chris Neater to annex 1.49 acres and zone the land B-2 (General
Business) and I-1 (Light Industrial) upon annexation. The B-2 zoning would encompass
approximately one acre on the east side of the property where the existing commercial
buildings are located. The I-1 zoning would encompass approximately 0.49 acres on the
west side of the property which is currently vacant. The 1.49 acre project site is located
on the west side of Highway 93 approximately 1/4 of a mile south of the intersection of
Highway 93 and Kelley Road. The property is developed with a commercial building
with the address of 2450 Highway 93 South and can be legally described as parcels A
and B of Certificate of Survey 15916 located in the SW 1/4 and the SE 1/4 of Section 20,
Township 28 North, Range 21 West.
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 you may call us at (406)
758-7940, or e-mail us at planningkalispell.com for additional information.
No. 14706
NOTICE OF PUBLIC HEAR-
ING
KALISPELL CITY PLANNING
BOARD AND ZONING COM-
MISSION
July 14, 2009
The regular meeting of the Ka-
lispell City Planning Board and
Zoning Commission is sched-
uled for Tuesday, July 14, 2009
beginning at 7:00 PM in the Ka-
lispell City Council Chambers,
Kalispell City Hall, 201 First Ave-
nue East, Kalispell. The planning
board will hold a public hearing
and take public comments on
the following agenda items. The
Board will make a recommenda-
tion to the Kalispell City Council
who will take final action.
1. A request by the Samaritan
House, Inc. for a conditional use
permit to locate the Flathead
Special Education Cooperative
within an existing building at
1110 2nd Street West. The prop-
eity is zoned P-1, Public, which
requires a conditional use permit
to operate a school, public or pri-
vate. The existing building is the
former Armory building located
immediately north of Peterson
Elementary School at the comer
of South Meridian Road and 2nd
Street West. The property can
be described as assessors tract
5DAB located in Section 21,
Township 28 North, Range 21
West.
2. A request from Chris Neater
to annex 1.49 acres and zone
the land B-2 (General Business)
-and 1-1 (Light Industrial) upon
annexation. The B-2 zoning
would encompass approximately
one acre on the east side of the
property where the existing com-
mercial buildings are located.
The 1-1 zoning would encom-
pass approximately 0.49 acres
on the west side of the property
which is currently vacant. The
1.49 acre project site is located
on the west side of Highway 93
approximately n of a mile south
of the intersection of Highway 93
and Kelley Road. The property
is developed with a commercial
building with the address of
2450 Highway 93 South and can
be legally described as parcels
-A and B of Certificate of Survey
15916 located in the SW n and
the SE n of Section 20, Town-
ship 28 North, Range 21 West.
Documents pertaining to the
agenda items are on file for pub-
lic inspection at the Kalispell
Planning Department, 201 First
Avenue East, Kalispell, MT
59901, and are available for,
public review during regular of-
fice hours. In addition informa-
tion on each agenda item is
posted on our website at
www.kalispeii.com/planning un-
der Planning Board Projects.
Interested persons are encour-
aged -to attend the.hearing and
make their views. and concerns
knowm to. the: Board:. Written
comments: may be submitted to
the Kalispell -Planning: Depart-
ment, at the above=address; prior
to the: date of:the hearing, or you
may calf us at (406) 758-794Q
or a -mail. us- atplannmg@kalis-
peikcom_ for additional'. mforma-
lion:
/sffhomas R' Jentz-
Thomas-R.. Jentz
Planning.,&, Building; Director.
June 28;.2009
STATE OF MONTANA
FLATHEAD COUNTY
AFFIDAVIT OF PUBLICATION
RICHELLE ROONEY BEING DULY
SWORN, DEPOSES AND SAYS: THAT HE IS THE
LEGAL CLERK OF THE DAILY INTER LAKE A
DAILY NEWSPAPER OF GENERAL CIRCULATION,
PRINTED AND PUBLISHED IN THE CITY OF
KALISPELL, IN THE COUNTY OF FLATHEAD,
STATE OF MONTANA, AND THAT NO. 14706
LEGAL ADVERTISMENT WAS PRINTED AND
PUBLISHED IN THE REGULAR AND ENTIRE ISSUE
OF SAID PAPER, AND IN EACH AND EVERY COPY
THEREOF ON THE DATES Of June 28, 2009.
AND THE RATE CHARGED FOR THE ABOVE
PRINTING DOES NOT EXCEED THE MINIMUM
GOING RATE CHARGED TO ANY OTHER
ADVERTISER FOR THE SAME PUBLICATION,
SET IN THE SAME SIZE TYPE AND PUBLISHED
FOR THE SAME NUMBER OF INSERTIONS.
C7�
Subscribed and sworn to Notarial `_�
Before me this June 29, 2009 Seal
ftona�
Dorothy Glenc s
Notary Public for the State of Montana
Residing in Kalispell
My commission expires 9/11/2009