1. Conditional Use Permit - Kisa DavisonPLANNING
REPORT TO:
FROM:
SUBJECT:
MEETING DATE:
FUTURE
Kalispell Mayor and City Council
Sean Conrad, Senior Planner
Myrt Webb, Interim City Manager
Planning Department
201 V Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
wwwAalispell.e0 Tnlplanning
Conditional Use Permit to operate a yoga studio and jiu jitsu
school
February 2, 2009
BACKGROUND: The Kalispell City Planning Board met on January 13, 2009 and held
a public hearing to consider a request by Kisa Davison for a conditional use permit to
operate a yoga studio and jiu jitsu school within an existing building located at 419
First Avenue East. The property is 3,500 square feet in size with the existing building
covering over 90% of the property. The property can be legally described as Lot 14,
Block 77 of Kalispell Original Townsite located within, Section 18, Township 28 North,
Range 21 West, P.M.M., Flathead County, Montana.
The property is within the B-4 (Central Business) zoning district. Yoga studios and jiu
jitsu schools fall under the definition of a commercial school in the zoning ordinance.
Commercial schools are listed as a conditional use within the B-4 zoning district.
Minor improvements will be made to the interior of the building. The only outside
change to the building will be a new sign.
Sean Conrad, with the Kalispell Planning Department, presented staff report KCU-08-
04 providing details of the proposal and the staff evaluation.
During the public hearing Kisa Davison, the applicant, spoke in favor of the project.
No one else wished to speak and the public hearing was closed.
Upon closing the public hearing a motion was made and seconded to recommend
approving the conditional use permit subject to the two conditions listed in the staff
report. The motion passed unanimously.
RECOMMENDATION: A motion to approve the conditional use permit with the two
recommended conditions 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: January 27, 2009
c: Theresa White, Kalispell City Clerk
Myrt Webb
Interim City Manager
Return to:
Kalispell City Clerk
PO Box 1997
Kalispell, MT 59901
City of Kalispell
P. O. Box 1997
Kalispell, Montana 59903-1997
GRANT OF CONDITIONAL USE
APPLICANT: Kisa Davison
112 Weimar Way
Kalispell, MT 59901
LEGAL DESCRIPTION: Lot 14, Block 77 of Kalispell Original Townsite located within
Section 18, Township 28 North, Range 21 West, P.M.M., Flathead
County, Montana
ZONE: Central Business, B-4
The applicant has applied to the City of Kalispell for a conditional use permit to operate a
yoga studio and jiu jitsu school within an existing building located at 419 First Avenue East in the
Central Business, B-4, zoning district. Yoga studios and jiu jitsu schools fall under the definition of
commercial schools, which are listed as conditional uses within the B-4 zoning district.
The Kalispell City Planning Board and Zoning Commission, after due and proper notice, on
January 13, 2009, held a public hearing on the application, took public comment and recommended
that the application be approved subject to two conditions.
After reviewing the application, the record, the KPD report, and after duly considering the
matter, the City Council of the City of Kalispell, pursuant to the Kalispell Zoning Ordinance, hereby
adopts Kalispell Planning Department Conditional Use Report #KCU-08-4 as the Council's findings
of fact, and issues and grants to the above -described real property a conditional use permit to operate
a yoga studio and jiu jitsu school within an existing building located at 419 First Avenue East in the
Central Business, B-4, zoning district, subject to the following conditions:
Exit lighting for the building's two exterior doors and emergency illumination per the 2006
International Building Code shall be installed prior to opening.
2. 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.
Dated this 2nd day of February, 2009.
STATE OF MONTANA )
ss
County of Flathead )
Pamela B. Kennedy
Mayor
On this day of February, 2009, before me, a Notary Public, personally appeared
Pamela B. Kennedy, Mayor of the City of Kalispell, known to me to be the person whose name is
subscribed to the within instrument and acknowledged to me that she executed the same on behalf of
the City of Kalispell.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal, the
day and year first above written.
Printed Name:
Notary Public, State of Montana
Residing at Kalispell, Montana
My Commission Expires:
Planning Department
201 V Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
wwwAalisnell.com/nlanning
January 27, 2009
Myrt Webb, Interim City Manager
City of Kalispell
P.O. Box 1997
Kalispell, MT 59903
Re: Conditional Use Permit to operate a yoga studio and jiu jitsu school
Dear Myrt:
The Kalispell City Planning Board met on January 13, 2009 and held a public hearing to
consider a request by Kisa Davison for a conditional use permit to operate a yoga studio
and jiu jitsu school within an existing building located at 419 1st Avenue East. The
property is 3,500 square feet in size with the existing building covering over 90% of the
property. The property can be legally described as Lot 14, Block 77 of Kalispell Original
Townsite located within, Section 18, Township 28 North, Range 21 West, P.M.M., Flathead
County, Montana.
The property is within the B-4 (Central Business) zoning district. Yoga studios and jiu
jitsu schools fall under the definition of a commercial school in the zoning ordinance.
Commercial schools are listed as a conditional use within the B-4 zoning district. Minor
improvements will be made to the interior of the building. The only outside change to the
building will be a new sign.
Sean Conrad, with the Kalispell Planning Department, presented staff report KCU-08-04
providing details of the proposal and the staff evaluation.
During the public hearing Kisa Davison, the applicant, spoke in favor of the project. No
one else wished to speak and the public hearing was closed.
Upon closing the public hearing a motion was made and seconded to recommend
approving the conditional use permit subject to the two conditions listed in the staff
report. The motion passed unanimously.
Please schedule this matter for the February 2nd 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 Schutt
President
Attachments: Exhibit A -Conditions of Approval
Staff report KCU-08-04 and application materials
Minutes from the 1 / 13/09 planning board meeting
c wJ Att: Theresa White, Kalispell City Clerk
c w/o Art: Kisa Davison
112 Weimar Way
Kalispell, MT 59901
EXHIBIT A
DAVISON CONDITIONAL USE PERMT
KALISPELL CITY PLANNING BOARD
bl:�t t1Ja� �'l� Eciyd�Z�i7
The Kalispell City Planning Board held a public hearing on this matter at the regularly
scheduled planning board meeting on January 13, 2009. The following conditions are
recommended with approval of the conditional use permit:
1. Exit lighting for the building's two exterior doors and emergency illumination per the
2006 International Building Code shall be installed prior to opening.
2. 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.
DAVISON
REQUEST FOR A CONDITIONAL USE PERMIT
KALISPELL PLANNING DEPARTMENT
STAFF REPORT #KCU-08-04
JANUARY b, 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 commercial school within an existing
building in the B-4 (Central Business) zoning district. A public hearing on this matter has
been scheduled before the Planning Board for January 13, 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.
Petitioner: Kisa Davison
112 Weimar Way
Kalispell, MT 59901
(406) 471-1232
A. Summary of Request: This is a request from Kisa Davison for a conditional use
permit to operate a yoga studio and jiu jitsu school within an existing building
located at 419 First Avenue East. Only one group class or private session will be
offered at one time. Group classes would have 6 to 12 clients per class.
Yoga studios and jiu jitsu schools fall under the definition of a commercial school
in the zoning ordinance. Commercial schools are listed as a conditional use
within the B-4 zoning district. Minor improvements will be made to the interior of
the building. The only outside change to the building will be a new sign.
B. Size and Location: The classes will take place in an existing building located at
419 First Avenue East. The property is 3,500 square feet in size with the existing
building covering over 90% of the property. The property can be legally described
as Lot 14, Block 77 of Kalispell Original Townsite located within, Section 18,
Township 28 North, Range 21 West, P.M.M., Flathead County, Montana.
1: Aerial photo of the project site and surrounding uses
a ..
qtn Street East
T ^ Y
iIlk 3 W
rn a
777,.�i
1 1
5m Street East M
9
0
C. Existing Land Use and Zoning: There is a single -story building on the site which
most recently was used as the democratic party headquarters. The building is
within the B-4 zoning district and meets the development standards of the
district.
D. Surrounding Zoning and Land Uses Zoning: This area is part of downtown
Kalispell. Lots to the north and south are developed with commercial buildings.
To the west, across First Avenue East, is a parking lot.
North: Commercial offices, B-4 zoning
East: Residential, RA-3 zoning
South: Commercial, B-4 zoning
West: Commercial parking lot, B-4 zoning
E. Relation to the Growth Policy: The current Kalispell City Growth Policy Map
designates this lot as commercial. The B-4 zoning district is a business district
intended to set apart that portion of the city which forms the center for financial,
commercial, governmental, professional and cultural activities. The uses within this
district are focused on commercial development in the city core. This includes the
reuse of buildings which this conditional use permit proposes.
F. 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:
Century Tel
Police:
City of Kalispell
Fire:
Kalispell Fire Department
Schools:
School District #5, Kalispell
EVALUATION OF THE REQUEST
The 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 existing structure and site provide adequate
space to accommodate the proposed commercial school.
b. Adequate Access: The existing access to the site is adequate to handle the
needs of the commercial school. Vehicular access is provided by First Avenue
East. There are existing sidewalks on both sides of the street to accommodate
pedestrians.
The building department has reviewed the floor plans submitted with the
application and has recommended exit lighting for the two exterior doors and
emergency illumination per building codes specifications be installed if they
are not already in place. This will be added as a recommended condition of
approval.
2
C. Environmental Constraints: There are no obvious environmental constraints
apparent on the property.
2. Appropriate Design:
a. Parking Scheme: On street parking is available and there is a city parking lot
across the street. During weekday business hours only permit parking is
permitted. However the lot provides convenient parking during evening and
weekend classes which are the majority of the class times. The application
also states that group classes last for approximately 90 minutes, which allows
participants to utilize the on street 2 hour parking.
The property is also located in the special parking maintenance district No. 2.
Pursuant to section 27.26.020 of the ordinance code when a change of use
occurs within an existing building located in special parking maintenance
district No. 2 no additional parking is required.
b. Traffic Circulation: The alley adjacent to the building provides for two off street
parking spaces which will be utilized by the staff during class sessions. First
Avenue East and the surrounding streets are constructed to city standards
and all provide for on street parking. Therefore, no significant impacts to the
traffic circulation in the area are anticipated.
c. Open Space: No specific open space requirements are required under the B-4
zoning district.
d. Fencing/Screening/Landscaping: No fencing, screening or landscaping is
required for the change of use to the existing building.
e. Signage: There is an existing sign on the building. The applicant has applied
for a received and a sign permit, permit no. 08-69, to change the existing sign
on the building to advertise the proposed commercial school.
3. Availability of Public Services/Facilities:
a. Schools: This site is within the boundaries of School District #S. No impact is
anticipated with the proposed use.
b. Parks and Recreation: There should be no impact on the parks and recreation
programs and facilities as a result of this use.
C. Police: Police protection will be provided by the Kalispell Police Department.
No unusual impacts or needs are anticipated from the proposed use.
d. Fire Protection: Fire protection will be provided by the Kalispell Fire
Department. No unusual impacts or needs are anticipated from the proposed
use.
C. Water: City water currently serves the existing building. No significant impact
on water services can be anticipated as a result of this facility.
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: There are currently storm water drainage facilities
along First Avenue East. The change of use in the existing building will not
impact the existing storm water drainage facilities.
h. Solid Waste: Solid waste pick-up is provided by the City. This project will
have no impact on current services.
Roads: First Avenue East provides the public access to the building. There is
also a paved alley serving the rear portion of the building. Both the street and
alley are in good condition.
4. Neighborhood impacts. No neighborhood impacts are anticipated with the change
of use of the existing building. The property is located within the downtown business
district. Retail businesses and offices are located to the north, south and west of the
property. There are existing residential homes east of the property. However the use
will be confined to the interior of the building and will not adversely affect the
residential homes to the east.
5. Consideration of historical use patterns and recent changes: This area has
historically included commercial businesses including commercial schools.
6. Effects on property values: No significant negative impacts on property values
are anticipated. As previously mentioned, the proposal is compatible with the
neighborhood and will not create any adverse impacts with regard to noise or
traffic.
The staff recommends that the planning board adopt the staff report #KCU-08-04 as
findings of fact and recommend to the Kalispell City Council that the Conditional Use Permit
be approved subject to the following conditions:
Exit lighting for the building's two exterior doors and emergency illumination per the
2006 International Building Code shall be installed prior to opening.
2. That commencement of the approved activity must begin within 18 months from the
date of authorization or that a continuous good Mid effort is made to bring the
project to completion.
4
taw V-0y
Planning Department
201 l-t Avenue East i t� is O 11/J f�
Kalispell, MT 59901 ,u, LS L U L5 I!)lll
Phone: (406) 758-794 1
Fart: (406) 758-7739 1 2008
www.kalispell.com /planning
KALISPELL PLANNING DEPARTMENT
APPLICATION FOR CONDITIONAL USE PERMIT
..i'•..._ _..
OWNER(S) OF RECORD
Name: t fxV ( S "ol
Mailing Address: C:-/Q( 'QVQ CA;6 42L S> Mod K Sf -:'
City/State/Zip: s� 5�- Phone:U �_ �1t rZ�=
PERSON(S) AUTHORIZED TO REPRESENT THE OWNER(S) AND TO WHOM ALL
CORRESPONDENCE IS TO BE SENT:
Name: K l.. t XA V 15 byl
Mailing Address:
City/State/Zip: _
Phone: �-ftj 1 oP.-J;1
LEGAL DESCRIPTION OF PROPERTY (Refer to Property Records):
Street ��"'�l A { A �„C- Sec. Town- �/ Range
Address: 4--q Y, C L. No. ship AD�No. 19"1 N
Subdivision 4 "1T Tract Lot ILI Block ry
Name: No(s). No(s). -T No. T
1. Zoning District and Zoning Classification in which use is proposed:
— 4--1
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.
r
On a separate sheet of paper, discuss the following topics relative to the proposed
use:
a. Traffic flow and control.
b. Access to and circulation within the property.
C. Off-street parking and loading.
d. Refuse and service areas.
e. Utilities.
f. Screening and buffering.
g. Signs, yards and other open spaces.
h. Height, bulk and location of structures.
i. Location of proposed open space uses.
j. Hours and manner of operation.
k. Noise, light, dust, odors, fumes and vibration.
4. Attach supplemental information for proposed uses that have additional
requirements (consult Planner).
I hereby certify under penalty of perjury and the laws of the State of Montana that the
information submitted herein, on all other submitted forms, documents, plans or any
other information submitted as a part of this application, to be true, complete, and
accurate to the best of my knowledge. Should any information or representation
submitted in connection with this application be incorrect or untrue, I understand that
any approval based thereon may be rescinded, and other appropriate action taken. The
signing of this application signifies approval for the Kalispell Planning staff to be present
on the property for routine monitoring and inspection during the approval and
development s.
Applicant igna Dat ,
2
Application for Conditional Use Permit
Submitted by: Kisa Davison, on behalf of Straight Blast Gym of Montana LLC
Date of Application: 12/1/2008
The proposed use of the property is for a commercial school, offering group classes and private training
in jiu-jitsu, yoga, and other conditioning exercises. Only one group class or private session at a time is
offered (see attached hours of operation and proposed class schedule). Most group classes have 6 to 12
clients.
Clients will access property via the existing retail storefront at 419 1" Ave East. It is estimated that 50-
75% of clients will drive and the remaining 25-50%will use Eagle Transit, walk, or bike. Carpooling is
encouraged and often used by many clients. Group classes last for 90 minutes, which allows ample time
for clients to park in designated 2-hour parking spaces throughout downtown between the hours of
9AM — 6PM. Many classes begin at 5:30PM and later, in which case parking on the street and in the city
lot across 1'` Ave East is appropriate for use. Private sessions are also offered during weekday and
weekend hours of operation. Typically, private sessions involve 1 to 3 clients per instructor.
Within the property, jiu-jitsu classes are held in the front room (designated on attached floor plan as
"Mat Room"). Yoga classes are held in the back room. Both rooms have appropriate fire exits that are
designated with signage. There is minimal storage of props and gear on the shelves in the Mat Room
and within the closet of the Yoga Room. The existing sign above the storefront will be utilized, as well as
vinyl lettering at the top of the windows and on the glass door at the storefront. Existing utilities are
limited to electricity for heat. City water, sewer, and garbage services are also currently established.
Garbage collection is located in the alley between First Ave East and Second Ave East.
Straight Blast Gym of Montana
Tough isn't how you act. Tough is how you train.
9:00
9:30
10:00
10:30
11:00
11:30
12:00
12:30
1:00
1:30
2:00
2:30
3:00
3:30
4:00
4:30
5:00
5:30
6:00
6:30
7:00
7:30
8:00
8:30
Mondav Tuerdav Wednesdav Thursdav Fridav Saturdav Sundav
Spider
Monkeys
Open Mat
Yoga
Yoga
Chimps
Gentle
Yoga
Gentle
Yoga
Spider
Monkeys
Chimps
Spider
Monkeys
Chimps
Competition
Team
(invitation on(y)
Open Mat
Yoga
g
Submission
Wrestling
Au Atsu
(W/GO
Yoga
Mixed Martial
Arts
ICC
(begins Jan 2009)
Mixed Martial
Arts
Stand U p
Jiulitsu
(Wf Gi)
ICC
419 First Ave East Kalispell, MT-406.250.2380—sbgmontana@gmail.com
a/a
2-3 -- f -- -- - f
11/0
won
r I/ " \/O G
Zo
(Do Ott
R.M.
Vo 1xooft,
r
,.�t3 �r..�-
�:N �.
r�� ,
. �
.
�:
VICINITY MAP
KISA DAVISON
I
1
i
17
4
__--
5
SCALE 1" = loo,
REQUEST FOR A CONDITIONAL USE PERMIT TO OPERATE A COMMERCIAL
YOGA & JIU JITSU SCHOOL IN THE B-4 CENTRAL BUSINESS ZONING
DISTRICT. THE PROPERTY IS LOCATED AT 419 1ST AVE EAST, KALISPELL
FILE77 T�'//'-++'(7 p (� PLAT DATE 12/3/08
# Kl V — 0 8 — V 4 H:\gis\site\kcu08_04 Yoga —Au Jitau Scha Ldwg
CERTIFICATION
APPLICANT: Kisa Davison/Commercial Yoga & Jiu Jitsu School
FILE NO: KCU-08-04
I, the undersigned certify that I did this date mail via First Class Mail a copy
of the attached notice to the following list of landowners adjoinin¢ the
property lines of the property where a conditional use permit has been
requested.
Date:
S-T-R: 18-28-21
Tract/Lot: Lot 14, Blk 77, Kalispell Original Townsite
Property Owners:
Kisa Davison
112 Weimar Way
Kalispell, MT 59901
Charles & Retta Powell Family Trust
c/o CoRentai
435 South Main Street
Kalispell, MT 59901
fVi7460IM63 f�311i
NOTICE OF PUBLIC HEARING
KALISPELL CITY PLANNING BOARD AND ZONING COMMISSION
January 13, 2009
The regular meeting of the Kalispell City Planning Board and Zoning Commission is
scheduled for Tuesday, January 13, 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 recommendations to the Kalispell City Council who will take final action.
1. A request from Kisa Davison for a conditional use permit to operate a yoga studio and
Ju jitsu school within an existing building located at 419 1st Avenue East. The
property is zoned B-4 (Central Business) and can be legally described as Lot 14, Block
77 of Kalispell Original Townsite located within, Section 18, Township 28 North,
Range 21 West, P.M.M., Flathead County, Montana.
2. A request by the Siderius Family Limited Partnership to annex approximately 207
acres into the City of Kalispell. The owners have requested the B-2 (General Business)
zoning district on the east half of the property and RA-1 (Low Density Residential
Apartment) zoning on the west half. A Planned Unit Development (PUD) placeholder
zoning district is also requested to be placed over the entire 207 acre site.
The 207 acre project site is located on the west side of Highway 93 with Cemetery
Road on the north end of the site and Ashley Meadows Road on the south end. The
project site can be legally described as Tract 1 of Certificate of Survey 17744, the
amended subdivision plat of lots 3 and 5 of Ashley Business Park and amended plat of
the amended plat of lot 4 Ashley Business Park Subdivision, and Parcel A of Certificate
of Survey 8369. The properties are located in Sections 29 and 32, Township 28 North,
Range 21 West. P.M.M., Flathead County, Montana.
Documents pertaining to the agenda items are on file for public inspection at the Kalispell
Planning Department, 201 First Avenue East, Kalispell, MT 59901, and are available for public
review during regular office hours.
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 planning6E�kalispell.com for additional information.
Thomas R. Jentz �6
Planning & Building Director
Kisa Davison Charles 8s Retta Powell Fmly Tr
112 Weimar Way c/o CoRental
Kalispell, MT 59901 435 South Main Street
Kalispell, MT 59901
Robert & Susan Zahbrobsky P.C. & Jan Musgrove
AD% All Pro Rental 426 2nd Avenue East
P.O. Box 2273 Kalispell, MT 59901
Kalispell, MT 59903
PC & Jan Musgrove Chad & Emily Waltenberg
221 Hemler Creek Drive 436 2nd Avenue East
Kalispell, MT 59901 Kalispell, MT 59901
Shauneen M. Garner Employment Security Division
3005 East 19th Street 427 1st Avenue East
Oakland, CA 94601 Kalispell, MT 59901
T & R Hall, LLC Eagle Communications, Inc.
409 1st Avenue East P.O. Box 5268
Kalispell, MT 59901 Missoula, MT 59806
City of Kalispell Dimon, LLC
P.O. Box 1997 37 5m Street East
Kalispell, MT 59901 Kalispell, MT 59901
Gordon Cross, President B.J. Grieve
Flathead County Planning Brd. Flathead County Planning & Zoning
P.O. Box 296 1035 la Avenue West
Whitefish, MT 59937 Kalispell, MT 59901
Richard A. Caerbert
P.O. Box 448
Pardon, TX 76679
Richard & Barbara Caerbert
629 5th Avenue East
Kalispell, MT 59901
Marla J. Levitt
127 5th Street East
Kalispell, MT 59901
Douglas & Beverly Rauthe
P & C Nelson, LLC
195 Arbour Drive
Kalispell, MT 59901
Niles & Carol Fullerton
30 4m Street East
Kalispell, MT 59901
�mww_�_
LEGAL NOTICES
No. 13857
NOTICE OF PUBLIC
HEARING
KALISPELL CITY
PLANNING BOARD
AND ZONING COM-,
MISSION
January 13, 2009
The regular meeting of
the Kalispell City Plan-
ning Board and Zoning
Commission is sched.
uled for Tuesday, Janu-'
ary 13, 2009 beginning
at 7:00 PM in the Kalis-
pell City Council Cham-
bers, Kalispell City Half,
201 First Avenue East,
Kalispell. The planning
board will hold a public
hearing and take public
comments on the follow-
ing agenda items. The
Board will make recom-
mendations to the Kalis-
pell City Council who
will take final action.
1. A request from Matt
Davison for a condition -
at use permit to operate
a yoga studio and jiu jit-
su school within an ex-
isting building located at
419 1st Avenue East.
The property is zoned
B-4 (Central Business)
and can be leggally de-
scribed as Lot 14. Block
77 of Kalispell Original
Townsite located within
'Section 18, Township
28 North, Range 21
West, P.M.M., Flathead
County, Montana,
2. A request by the
Siderius Family Limited
Partnership to annex
approximately 207
acres into the City of
Kalispell. The owners
have requested the 13-2
(General Business) zon-
ing district on the east
half of the property and
RA-1 (Low Density Res-
idential Apartment) zon-
ing on the west half. A
Planned Unit Develop -
Intent (PUD) placeholder
zoning district is also re-
quested to be placed
over the entire 207-acre
site.
The 207-acre project
site is Located on the
west side of Highway 93
with Cemetery Road on
the north end of the site
and Ashley Meadows
Road on the south end.
The roject she can be
leg01y described as
Tract 1 of Certificate of
Survey 17744, the
amended subdivision
plat of lots 3 and 5 of
Ashley Business Park
and amended plat of the
plat of
Of
are
29
Documents pertait;'
to th,agenda item
on file for public inspec-
tion at the Kalispell
Planning., Department.
201 First Avenue East;.
Kalispell, MT 59901,
and are available for
Public review during
regular office hours.
Interestedpersons are
encouraged to attend
the hearing -and make
their views and con-
cerns known to,. the
Board: Written com-
ments may be submit.
ted to the Kalispell Plan-
Bing Department atthe
above. address, prior to
the date of the hearing,
of you may call us. at
(4Q6) 758-7940, or e-
matt us at.plarmingfka-
lispefl.com for additional
information. -
STATE OF MONTANA
FLATHEAD COUNTY
AFFIDAVIT OF PUBLICATION
RICHELLE ROONEY BEING DULY
SWORN, DEPOSES AND SAYS: THAT SHE 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. 13857
Is/ R. Jentz ` LEGAL ADVERTISMENT WAS PRINTED AND
Thomas R. Jentz ___ PUBLISHED IN THE REGULAR AND ENTIRE ISSUE
Planning & Building
Director OF SAID PAPER, AND IN EACH AND EVERY COPY
Dec. 28, 2008 THEREOF ON THE DATES Of Dec 28, 2008.
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.
Subscribed and sworn to ivotarial
Before me this December 2908
4 Seal
Dorothy
Notary Public for the State of Montana
Residing in Kalispell
My commission expires 9/ 11109