Loading...
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 P;r.114&__);�D)"IrijfrliiJMjU�i�� : • � :. .• �11� • iir�ar • 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 lifrhtirirr mPPtc the ct�nrl�rrlc cPt fnrtl� in the �nnincr nrrlin�nnP T�n�zrP�rPr ,..�s.�...��s 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 Architects �0"rl w�2nso" X� EMSTTING�.A•(R�MORY Deslgn E11AEFnAWAI, o LO" En 6 m Q'�� HOMELESS SHELTER G1En U.AHACIMn o a AZ Croup PC 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 Kalicr�all tlia fn11n`a7ina tnnir•c xxri11 rlicrncc tlha nrnnr%ga- l rxca xxri+lhin +kt A rm— (`on+or -:: -A 1— i>uiiUrvii, �iiv iV iiV -� 5 —11— mill u1UVLlVJ L11V 1J1V1.JVJVIL -0- VVIL11111 LlxV L 111V1,v VL,'11L1+1 V Wll\,u Uy 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 iH MNA N MONO .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