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2. Conditional Use Permit - Meadowlark MontessoriCity of Kalispell Planning Department 1.7 - 2"d Street East, Suite 211, Kalispell, Montana 59901 Telephone: (406) 751-1850 Fax: (406) 751 -18 S 8 Website: kalispellplanning. m REPORT TO: Kalispell Mayor and City Council FROM: Nicole C. Johnson, Planner II James H . Patrick, city Manager SUBJECT, Conditional Use Permit for the Meadowlark Montessori preschool MEETING DATE. November 5, 2007 BACKGROUND: The Kalispell city Planning Board met on October 9, 2007 and held a public hearing to consider a request by Danielle Heil and Joni Eystad for a conditional use permit to operate a private preschool called the Meadowlark Montessori in an R--4, Two -Family Residential, zoning district. The school recently changed ownership and expanded in size serving approximately 12 to 18 students per day. The Montessori school is considered a day care center which requires a conditional use permit to operate within the zoning district. The property is located on the southeast corner of 9th Street East and 2nd Avenue Fast and the address is 204 9th Street East. The lot is 7,500 square feet and no changes to the existing building or property have been proposed. The property can be legally described as Lot 12, Block 123 of Kalispell Addition located in Section 13, Township 28, Range 21, P.M.M., Flathead County, Montana. Nicole C . Johnson, with the Kalispell Planning Department, presented staff report KCU- 07-06 providing details of the proposal and the staff evaluation. She noted that two off-street parking spaces would need to be provided for the two teachers who work there and that the Parks and Recreation Department recommended that the two juniper trees along 9th Street East would need to be removed and replaced with an approved tree species. Three letters were received from neighbors who had concerns about traffic, use of the alley between 2nd and 3rd avenues, impact to neighborhood character and parking. Staff recommended approval of the conditional use permit subject to four conditions. No other comments from the public were received and the public hearing was closed. The Planning Board discussed the proposal and asked for clarification on school enrollment numbers, alley use, and the juniper trees. Danielle Heal, Co -Director for the Meadowlark Montessori, responded to questions raised by Mr. Hinchey. Ms. Heil said the number of children present at the school could not exceed 24 students per state law ( 1 2 students per teacher). However, that the number of students present at one time varies greatly due to the morning and afternoon programs and that roughly 12 to 18 students are present during their hours of operation. As a result, condition 1 was amended to include a maximum number of children that would be allowed at one time under the permit. The condition reads as follows.. 1. The proposal will be developed in substantial conformance with the approved site plan, hours of operation and number of preschool children enrolled at the school. The number of children will not exceed more than 24 students at one time. Mr. Clark asked planning staff about the validity of one of the public comments made concerning the use of the alley. Mrs. Johnson pointed to the property layout and noted that the garage was converted to living space years ago and that no parking spaces are available on that east end of the property. She also said that parents were observed using 2nd Avenue East and 9th Street East to pick up and drop off their children and stayed no longer than 10 minutes at a time. The teachers parked on 2nd Avenue East. No use of the alley was observed by Mrs. Johnson and congestion was minimal. The appropriateness of requesting the owner to replace the two juniper trees on city right-of- way was also questioned by Mr. dark. Mrs. Johnson explained that typically when a conditional use permit is requested, noncompliance issues are addressed and that the two juniper trees were not on the approved list of species. The Parks and Recreation Department recommended that the owners replace the two junipers with one approved street tree. A motion was made to strike Condition 3 because Mr. dark did not feel it was appropriate to require a homeowner to pay for something in the city right-of-way when an urban forestry program and tax exists. The motion passed on a vote of 4 to 2. The board then made a motion to adopt the staff report for the conditional use permit as amended and was approved on a vote of 5 to 1. RECOMMENDATION: A motion to approve the conditional use permit with the three listed conditions as amended would be in order. FISCAL EFFECTS: Minor positive impacts once fully developed. ALTERNATIVES: As suggested by the City Council. Respectfully submitted, Nicole C. Johns rity es H. Fa 'ck Planner II � Manager Report compiled: October 31, 2007 c: Theresa White, Kalispell City clerk Return to: Theresa White 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: Danielle Heil and Joni Eystad Meadowlark Montessori 204 9th Street East Kalispell, MT 59901 LEGAL DESCRIPTION: Lot 12, Block 123 of Kalispell Addition in Section 18, Township 28 North, Range 21 west, P.M.M., Flathead County, Montana ZONE: Two Family Residential, R-4 The applicant has applied to the City of Kalispell for a conditional use permit to allow the operation of a private preschool in a Two Family Residential, R-4, zoning district. Preschools are considered to be day care centers under the zoning ordinance and require a conditional use permit to operate in an R-4 zone. The Kalispell City Planning Board and Zoning Commission, after due and proper notice, on October 9, 2007, held a public hearing on the application, took public comment and recommended that the application be approved subject to three 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-07-6 (as amended) as the Councils findings of fact, and issues and grants to the above -described real property a conditional use permit to allow the operation of a private preschool in a Two Family Residential, R-4, zoning district subject to the following conditions: l . The proposal will be developed in substantial conformance with the approved site plan, hours of operation and number of preschool children enrolled at the school. The number of children will not exceed more than 24 students at one time. 2. Two (2) off-street parking spaces shall be provided in accordance with chapter 27.26 of the Kalispell zoning Ordinance and designed to retain the residential character of the neighborhood. Should the alley provide the primary access to the off-street parking, that portion of the alley from 9th Street East south to the southern property boundary shall be paved. All improvements will be completed within 60 days of approval. In case of inclement weather, the applicant may bond for the improvements with a completion date of no later than. June 1, 2008. 3. The conditional use permit is valid for a period of 18 months from the date of authorization after which time if the commencement of activities has not occurred the permit shall be void. A continuous, good faith effort to design the building, obtain financing and other activities shall be considered a commencement. Dated this Sth day of November, 2007. STATE OF MONTANA ss County of Flathead Pamela B . Kennedy Mayor On this day of , 2007 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. Notary Public, State of Montana Printed Name: Residing at Kalispell, Montana My Commission Expires City of Kalispell Planning Department 17 -- 2d Street East, Suite 211, Kalispell, Montana 59901 Telephone: (406) 751-1850 Fax: (406) 751-185 $ Website: kalispellplanning.com October 31, 2007 Jaynes H . Patrick, City Manager City of Kalispell P.O. Box 1997 Kalispell, Montana 59903 Re: Conditional Use Permit for the Meadowlark Montessori preschool Dear Jim: The Kalispell City Planning Board met on October 9, 2007 and held a public hearing to consider a request by Danielle Heil and Joni Eystad for a conditional use permit to operate a private preschool called the Meadowlark Montessori in an R-4, Two -Family Residential, zoning district. The school recently changed ownership and expanded in size serving approximately 12 to 18 students per day. The Montessori school is considered a day care center which requires a conditional use permit to operate within the zoning district. The property is located on the southeast corner of 9th Street East and 2nd€ Avenue East and the address is 204 9th Street East. The lot is 7,500 square feet and no changes to the existing building or property have been proposed. The property can be legally described as Lot 12, Block 123 of Kalispell Addition located in Section 18, Township 28, Range 21, P. M . M . , Flathead County, Montana. Nicole C. Johnson, with the Kalispell Planning Department, presented staff report KCU-07-06 providing details of the proposal and the staff evaluation. She noted that two off-street parking spaces would need to be provided for the two teachers who work there and that the Parks and Recreation Department recommended that the two juniper trees along 9th Street East would need to be removed and replaced with an approved tree species. Three letters were received from neighbors who had concerns about traffic, use of the alley between 2nd and 3rd avenues, impact to neighborhood character and parking. Staff recommended approval of the conditional use permit subject to four conditions. No other comments from the public were received and the public hearing was closed. The Planning Board discussed the proposal and asked for clarification on school enrollment numbers, alley use, and the juniper trees. Danielle Heil, Co -Director for the Meadowlark Montessori, responded to questions raised by Mr. Hinchey. Ms. Heil said the number of children present at the school could not exceed 24 students per state law (12 students per teacher) . However, that the number of students present at one time varies greatly due to the morning and afternoon programs and that roughly 12 to 18 students are present during their hours of operation. As a result, Condition 1 was amended to include a maximum number of children that would be allowed at one time under the permit. The condition reads as follows: 1. The proposal will be developed in substantial conformance with the approved site plan, hours of operation and number of preschool children enrolled at the school. The number of children will not exceed more than 24 students at one time. Mr. Clark asked planning staff about the validity of one of the public comments made concerning the use of the alley. Mrs. Johnson pointed to the property layout and noted that the garage was converted to living space years ago and that no parking spaces are available on that east end of the property. She also said that parents were observed using 2nd Avenue East and 9th Street East to pick up and drop off their children and stayed no longer than 10 minutes at a time. The teachers parked on 2nd Avenue East. No use of the alley was observed by Mrs. Johnson and congestion was minimal. The appropriateness of requesting the owner to replace the two juniper trees on city right-of- way was also questioned by Mr. Clark. Mrs. Johnson explained that typically when a conditional use permit is requested, noncompliance issues are addressed and that the two juniper trees were not on the approved list of species. The Parks and Recreation Department recommended that the owners replace the two junipers with one approved street tree. A motion was made to strike Condition 3 because Mr. Clark did not feel it was appropriate to require a homeowner to pay for something in the city right-of-way when an urban forestry program and tax exists. The motion passed on a vote of 4 to 2. The board then made a motion to adopt the staff report for the conditional use permit as amended and was approved on a vote of 5 to 1. Please schedule this matter for the November 5, 2007 regular city council meeting. You may contact this board or Nicole C. Johnson at the Kalispell Planning Department if you have any questions regarding this matter. Sincerely, Kalispell City Planning Board Bryan H. Schutt President Attachments: Exhibit A -Conditions of Approval Staff report KCU-07-06 and application materials Minutes from the 10 /9 / 07 planning board meeting c w/ Att: Theresa White, Kalispell city clerk c w / o Att: Danielle Heil and Joni Eystad Meadowlark Montessori 204 9dh Street East Kalispell, Montana 59901 EKHIBIT A MEADOWLARK MONTESSORI KALISPELL CITY PLANNING BOARD OCTOBER 3, 2007 The Kalispell City Planning Board held a public hearing on this matter at the regularly scheduled planning board meeting on October 9, 2007. The following conditions are recommended with approval of the conditional use permit: 1. The proposal will be developed in substantial conformance with the approved site plan, hours of operation and number of preschool children enrolled at the school. The number of children will not exceed more than 24 students at one time. 2. Two (2) off-street parking spaces shall be provided in accordance with chapter 27.26 of the Kalispell zoning ordinance and designed to retain the residential character of the neighborhood. should the alley provide the primary access to the off-street parking, that portion of the alley from 9th street East south to the southern property boundary shall be paved. All improvements will be completed within 60 days of approval. In case of inclement weather, the applicant may bond for the improvements with a completion date of no later than June 1, 2008. 3. The conditional use permit is valid for a period of 18 months from the date of authorization after which time if the commencement of activities has not occurred the permit shall be void. A continuous, good faith effort to design the building, obtain financing and other activities shall be considered a commencement. 91 N" MEADOWLARK MONTESSORI KALISPELL PLANNING DEPARTMENT STAFF REPORT KCU-07-6 OCTOBER 231, 2007 (AS AMMENDED A report to the Kalispell city Planning Board and Kalispell city Council regarding a request by Danielle Heil and Joni Eystad for a conditional use permit to allow a pre- school in an R-4, Two -Family Residential, zoning district. A public hearing on this matter has been scheduled before the planning board on October 9, 2007, 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: A. Owner: Kara Basko and Jonathon Bruce PO Box 234 Kila, MT 59920 Petitioner: Danielle Heil and Joni Eystad 204 9thStreet East Kalispell, MT 59901 (406) 257-4240 B. Size and Location: The property is located on the southeast corner of 9th Street East and 2nd Avenue East and the address is 204 9th street East. The lot is 7,100 square feet in size and no changes to the existing building or property have been proposed. The property can be legally described as Lot 12, Block 123 of Kalispell Addition located in section 18, Township 28 North, mange 21 West, P.M.M. , Flathead County, Montana. C. Summary of Request: This is a request for a conditional use permit to operate a private preschool called the Meadowlark Montessori within an R--4, Two - Family Residential zoning district. The school originally opened at this site in August of 2005. The school started out with eight children offering both half - day and full --day programs. By March of 2007 the enrollment had grown and the owners were in the process of finding buyers for the preschool on the property. Ms. Eystad and Ms. Heil purchased the business in August of this year. The preschool has expanded in size and now serves approximately 12 to 19 students per day. The two teachers arrive at 8:00 a.m. and children are dropped off between 8:30 and 3:00. Half -day students are picked up between 12:30 p.m. and 1:00 p.m. All -day students are picked up around 3:30 p.m. The school also offers an after school care program from. 3:30 to 5:30 p.m. The Kalispell zoning Ordinance does not specifically list preschools as a permitted. or conditionally permitted use in the R-4 zoning district. However, in Lne past. preschools have been considered day cage centers, which require a conditional use permit to operate in the R-4 zoning district pursuant to section 27.0 7.030 of the zoning ordinance. Figure 1. Site picture of the Meadowlark Montessori school looking southeast. D. Existing Land Use and Zoning: This property currently has an existing single-family residence which is a single story structure approximately 1,400 square feet in size. As mentioned above, the R-4 zoning district requires a conditional use permit for day care centers, under which the proposed private preschool falls under. Kalispell Zoning Ordinance (27.35.040) provides several criteria for the issuance of a CUP of this nature which has been addressed and evaluated as part this staff report. E. Surrounding Zoning and Land Uses Zoning: This area is generally single- family residential in character but there are apartment buildings immediately east and south of the preschool property. No other day cares or preschools are in the immediate area. Hedges Elementary School is located two blocks to the east on 4thAvenue East. North: Single family residential, R-4 zoning East: Multi --family residential, R-4 zoning South: Single family residential and multi -family residential, R-4 zoning West: Single family residential, R-4 zoning F. Relation to the Growth Policy: The Kalispell Growth Policy 2020 recognizes this area as suitable for Urban Residential development. Anticipated density includes 3 to 12 dwelling units per acre along with the needed support services. Day care, day care centers, schools and churches would be some of the support services anticipated in residential areas within the community. The proposed project is in compliance with the land uses for this area and furthers the goals of the plan by providing an important need within the cotrnm unity_ G. Utilities/ Services: Sewer service: Water service: Solid Waste: Gas.- Electric. - Phone: Police: Fire: Schools: City of Kalispell City of Kalispell City of Kalispell Northwestern Energy Flathead Electric Cooperative CenturyTel City of Kalispell Kalispell Fire Department School District #5, Kalispell EVALUATION OF THE REQUEST The application is reviewed in accordance with the conditional use and day care center review criteria in the Kalispell zoning ordinance. 1. Site Suitability: a. Adequate Useable Space: The existing house is located on .the eastern portion of the property with the remaining outside areas dedicated to recreational activities for the children. The R-4 zoning allows for up to 45% of the lot to be occupied by the permitted structures. The existing house does not exceed this limit. b. Adequate Access: Access to the school is provided by 2nd Avenue East and 9th Street East, both city streets with two way traffic and on -street parking. Adjacent to the property's east boundary is an alley. There is adequate access to the school from the adjacent streets. C. Environmental constraints: The property is flat and within an older residential neighborhood of the city. There are no environmental constraints on the property. 2. Appropriateness of design: a. Parking and site circulation: Kalispell zoning ordinance 27.35.040(2) requires one space per teacher or employee plus one loading space per six students. A maximum of two drop-off spaces may be provided on the street. The location of the preschool is at the corner of 2nd Avenue East and 9th Street East and approximately 12 to 18 students and two teachers would be present from 8:30 to 3:30 pm. An after school child care program is available from 3 : 3 o to 5 : o o pm, however, only one adult is present and a limited number of children. Staff assessed the day care operation and parking situation on September ? 7 , 2007 on site for approximately an hour and a half starting at 7 :45 am. No more than five vehicles were present at one time and did not remain parked on the street for more than 10 minutes. Both 9th Street and 2nd A.ven.ue were open and there was minimal parking on 3 the street likely due to the fact that the homes in the area have garages and alleys. The adjoining city streets appear to provide the preschool with adequate drop off space. However, the preschool will need to provide two off-street parking spaces, one for each of the teachers on the property. Unfortunately, an existing garage space located on the south side of the residence and adjacent to the alley was converted into part of the living space of the house years ago. A carport was added on the west side of the house along with a curb cut onto 9th Street East, but is used as a patio. The two required parking spaces areas should be constructed in accordance with city standards and designed to retain the residential character of the neighborhood. It should be noted that if the alley provides the primary access to the off-street parking, that portion of the alley from 9th Street Fast south to the southern property boundary will need to be paved. No significant impact to neighbors or traffic in the area are expected as a result of this conditional use permit. b. Open Space: No specific open space requirements exist in the zoning regulations for a development of this type other than a provision for fencing a recreation area, if needed. C. Fen.cm' Screening Landscaping: The property currently has several mature trees to provide shade in the playground area. section 27.35.040 of the zoning ordinance states that a six-foot high fence may be required around the outdoor recreation area. The area is currently adequately fenced and no other fencing or screening appears to be needed or warranted. After reviewing the conditional use permit application, the Parks and Recreation Department noted that two Juniper trees are located in the boulevard along 9th Street East. Junipers are not approved street trees for city boulevards and, therefore, the Parks and Recreation Department is recommending the Junipers be removed and replaced with one approved street tree. The property owners would be required to install the new street tree. d. S� ? The school does not currently have a sign and the business owners do not have any immediate plans to place a sign on the property. 3. Availability of Public Services / Facilities . a. Schools: This site is within School District #5 and two blocks merest of Hedges Elementary School. No impact is associated with the proposed preschool. b . Parks and. Recreation: There are parks within close proximity to the site and are within walking distance for small children.. Impacts to the parks are anticipated to be minimal. C. Police: Ponce protection will be provided by the Kalispell Police Department. No unusual impacts or needs are anticipated from the proposed facility. d. Fire Protection: Fire protection will be provided by the Kalispell Fire Department. No unusual. =* pacts are anticipated from the proposed use. e. water and sewer: Water and sewer are available to the existing dwelling and the proposed use will use a similar amount of services. water and sewer services can be provided by the city of Kalispell without any significant impacts to capacity. f. Solid. Waste: solid waste pickup will be provided by the city. Existing trash containers will be utilized 'n accordance with City requirements. g. streets: Traffic generation from the development is estimated at 30-40 average daily trips, based on the number of teachers and students attending the preschool. A drop --off and pick-up area can be provided along both 2n.d Avenue East and 9th Street East. 4. Neighborhood Impacts: Impacts of the proposal are not anticipated to be significant to the immediate neighborhood. Traffic generation for a day care center would be higher than an average residence. However, the size of the preschool and the varied drop off and pick up times disperse the number of vehicle trips throughout the day. No significant impacts are anticipated from, noise, vibration, or dust. No additional outdoor lighting is proposed. No impacts from smoke, fumes, gas, odors, or inappropriate hours of operation are anticipated beyond the norm of an urban density neighborhood. A notice of public hearing was mailed to property owners within 150 feet of the site approximately 15 days prior to the hearing. The business owners also provided the letter they sent to the adjacent property owners informing them of the change in ownership, that they had applied for a conditional use permit from the city to continue operating the expanded preschool and solicited any comments or questions about the preschool. At the time this report was written, staff had received one comment on the proposal from Judith Pressmar who resides at 844 Third Avenue East. Ms. Pressmar was concerned that the expanded size of the Montessori school t 12 to approximately 18 students) would have an increased presence and impact on the residential neighborhood. In addition, she was concerned that without an off-street parking area, the safety of the children would be compromised. while the preschool would generate more traffic than a traditional residence, staff felt that the addition of six children would not significantly increase existing traffic levels in the area. Two additional off-street parking spaces will be required to be constructed on the property per the Kalispell Zoning Ordinance see Section 2. Appropriateness of Design, a. Parking and site circulation and ?d Avenue East and 9th street Fast provide adequate space for picking up/ dropping off of children. 5 5. Consideration of historical use patterns and recent changes: The proposal is compatible with the immediate area, where a mix of housing types and uses such as schools is anticipated and encouraged. The location of the preschool in the center of a residential neighborhood and in close proximity to an existing elementary school makes this an acceptable location for this type of development. 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 the development and land use impacts would be typical of that anticipated for the area. RECOMMENDATION Staff recommends that the planning board adopt the staff report #KCU--07--6 as findings of fact and recommend to the Kalispell City Council that the conditional use permit be approved subject to the following conditions: 1. The proposal will be developed in substantial conformance with the approved site plan, hours of operation and number of preschool children enrolled at the school. The number of children will not exceed more than 24 students at one time. 2. Two (2) off-street parking spaces shall be provided in accordance with chapter 27.26 of the Kalispell Zoning ordinance and designed to retain the residential character of the neighborhood. Should the alley provide the primary access to the off-street parking, that portion of the alley from 9th street East south to the southern property boundary shall be paved. All improvements will be completed within. 60 days of approval. In case of inclement weather, the applicant may bond for the improvements with a completion date of no later than. June 1, 2008. 4. The conditional use permit is valid for a period of 18 months from the date of authorization after which time if the commencement of activities has not occurred the permit shall be void. A continuous, good faith effort to design the building, obtain financing and other activities shall be considered a commencement. L�J City of Kalispell Planning Department 17 -- 2nd Street East, Suite 211, Kalispell, Montana 59901 Telephone: (406) 751-1850 Fax: (406) 751-1858 APPLICATION FOR CONDITIONAL USE PERMIT PROPOSED USE: Tr', xi Trcscc�'hcgJ - MCADoWLAP_ie-, M6AJ-rCSS61e,( OWNER(S) OF RECORD: Name: � C� C W Mailing Address: • ti City/State/Zip: 0 Phone: La PERSON(S) AUTHORIZED TO REPRESENT THE OWNER(S) AND TO WHOM ALL CORRESPONDENCE IS TO BE SENT: Name: Mailing Address: s,20q til _�_ City/ State/zip: ��\�� iMT �"990 / Phone: kle4w�)0?,5 7 - yo7 yD LEGAL DESCRIPTION OF PROPERTY (Refer to Property Records): Street � Sec. Town- Range Address: � C y � � �' � ��5�" No.ship �No. Subdivis'o — Tract Lot Block Name: � � 104 No(s).No(sNo. U iq- 11Ko-fi - i 2 - 11-1i-%4-�. t Z3 1. Zoning District and Zoning Classification in which use is nronosed: attach a. plan of the affected lot which identifies the foliowip g items: a. Surrounding land uses. b . Dimensions and shape of lot. C. Topographic features of lot. d. �ize(s) and location(s) of e�%sting buildings e. i ens a�'�d loca on;s} f NroNos#d boil A; in gs. 7 isting use(s) of Structures and open areas. Pro -Dosed use(s) of structures and open areas. n. .7�asting and proposed landscaping and fencing, 3. On a separate sheet of paper, discuss the following topics relative to the proposed use: a. Traffic flow and control. b. Access to and circulation within the property. C. Off-street parking and loading. d. Refuse and service areas. e. Utilities. f. Screening and buffering. g. Signs, yards and other open spaces. h. Height, bulb 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 2. 3. A. The surrounding land uses are residential. B. The dimensions of the lot are: 50 f. X 150 ft.; the shape is a rectangular corner lot. C . The topographic features of the lot are flat. D. The size of existing building is 45 ft X Soft; the location of existing building is back of the lot. E. There are no proposed buildings. F. Existing use of structure and open area is main building: school, side yard: quiet work area, front yard: play yard and entrance. G. There are no new proposed uses of structure and open areas. H. The existing landscaping and fencing are a large spruce tree front left of yard, large mature crab apple tree middle left of front yard, chain -link fence and gate around front yard, wood fence and gate separate front and side yard, there are two mature maple trees middle left of side yard. A. There is two-way traffic on 2nd A.ve. East, two-way traffic on Ste Street East, stop sign on corner of 9h Street East(two- way) and Yd Ave. Ea.st(one-way), stop sign on corner of 9th Street East(two-way) and l't Ave. East(two-way). There are going to be orange cones out at crossways during morning drop off (8-.30a.m,- 9: 00a. m. ), half -day pick-up (12:3 Op. m. -1: 00p. m. ), end of school day pick --up (3-.15p.m.- 3 : 3 0p . m. ), and after school care pick-up (5:15p.m.-5:30p.m.), B . Access to property is on 9th Street through fence gate in front of carport, there is access to a back door from ally way in back of property. C. There is a space in front of garage at the ally way. Loading areas are in front of school on either side of 2nd Avenue East, and on either side of 9h Street East. D. Two refuse and service area is located at the rear of lot on the ally way. E. Utilities include Century Tell telephone, Northwest energy natural gas, Flathead Electric Co-op electricity, City of Kalispell water, sewer, and garbage disposal. F. There are 2 large trees at gate entrance site, large crab apple tree providing large canopy, 2 large maples at the side yard also providing a large canopy, 2 new trees in front of gate(planted by the city) G. we do not have any signs on the property at present. There is a large front yard, and a small side yard. H. The height of the structure is 18 it.; everything is located on the east end of the property. I. The location of proposed open spaces is west side of the property. I Hours and manner of operation: 8:00 a.m. 2 teachers arrive for classroom set-up 8 : 3 0-9 : 00 a.m. parents drop off children for day 9 :00-11: 3 0 a.m. inside work period 10:30-11:30 a.m. five students have outside playtime at a time with a teacher 12 : 00-12 :3 0 p.m. lunch 12 : 3 0-1: 00p. m. outside play time and half day pick-up 1: OO -2 : 3 0p. m. inside work 2 : 3 0-3 : 3 o p.m. outside work, play, and pick-up 3 : 3 0--5 : 3 o p.m. after school program and pickup Guy �CU' F• Monle&�r"i L V)oa� Ell) lw 12 7 �� gTH ST E ,�, �p 1223�yilo_ -, ..... ..... � iz Z 1 i_ 3 19 4 � m --- gT E 1 1 � -- 2� _�—"— __ BOTH 1 7 4 Pik 5 6 12—Z r _= 3 i -- 10 9 4 . 5 1 �� - 4_ � -- 9 r_ � 8_ _ 6 �i--es fib- __ � � - 4 �--� _ _" 7 6 7 -�11TH ST E �2 l � 1 ` �- 10 � - a _ + 4� �q _ �� Uo 8 1�f--- E .... ....... . A 8 --------- -- VICINITY MAP SCALE I 200' KARA BASKO & JONATHAN BRUCE/MEADOWLARK MONTEISJSORI REQUEST FOR A CONDITIONAL USE PERMIT TO ALLOW FOR THE OPERATION OF A PRIVATE T (TNO ATE PRESCHOOL IN AN R-4FAMILY RESIDENTIAL) DISTRICT PLOT DATE 8/31/07 P. H:\gi9\site\kcu07-06.dwg Page 1 of 1 Michelle Anderson From: jpress acenturytel.net Sent: Tuesday, September 25, 2007 3:40 PM To: planning kalispell.com Subject: Comments on Conditional Use Permit I am writing in response to the Notice of Public Hearing, scheduled for October 9, 2007. This hearing concerns a request for a conditional use permit to operate a private preschool at 204 Ninth street East in Kalispell. I live on the corner of Third Avenue East and Ninth street, diagonally across Ninth street from the preschool. I am opposed to granting this preschool a conditional use permit as presently proposed. This is a residential area and not an appropriate location for a school of this size. Under the previous owners, the facility had an enrollment of less than 12 children. I feel this is the maximum that should be allowed. with that relatively small enrollment, the presence of the school was not objectionable, and I considered them to be a good neighbor. This expansion puts the school into an entirely different category, and its presence would have a much larger impact on this neighborhood. A significant concern is that the facility does not have an off-street parking area where children can safely be picked up or dropped off. This number of vehicles arriving at the same time creates a traffic hazard and poses a definite safety risk to the children. This has been a concern for me in the past, even with the much lower enrollment, especially as vehicles park on both sides of the street. Thank you for your consideration. Judith Pressmar 844 Third Avenue East Kalispell 91?bl2007 t 7�0 2007 1 ; - � ? T �.� yy } IT - e'er �,`i [RLo ` � V CERTIFICATION APPLICANT: MEADOWLARK MONTESSORI FILE No: ICU-07-06 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 ad`oinn the property lines of the property that is a conditional use permit. Date: 1// Z07 S-T�-R: 1 S-2S-2 1 Tract/ Lot: Lot 12, Block 123 Kalispell original Townsite Property Owners: Kara Basko & Jonathan Bruce P.O. Box 234 Kila, MT 59920 Danielle Heil Joni Eystad. 204 -- 3th Street East Kalispell, MT 59901 AND ATTACHED LIST Kara Basko & Jonathan Bruce Danielle Heil & Joni Eystad Patrick 8. Maerisa Murray, Jr. P.O. Box 234 204 9th Street East 832 - 3rd Avenue East Kila, MT 59920 Kalispell, MT 59901 Kali sp ell, MT 59901 Richard. Thornton 910 2nd Avenue Eat Kalispell, MT 59901 Judith Pressmar P.O. Box 2063 Kalispell., MT 59901 Flathead. Health Center 310 SunnyvieW Lane Kali sp ell, MT 59901 Voos Family Trust P.O. Box 234 Rollins, MT 59931 Lynn Stanley 838 -- 2nd Avenue East Kalispell., MT 59901 Kenneth & LeAnn Margin 1183 Creston Hatchery Road Kalispell, MT 59901 William & Marguerite Rice 845 - 1 st Avenue East Kalispell, MT 59901 Arthur Burch, Jr. Susan Burch 835 --- 1st Avenue East Kalispell, MT 59901 Polly Driscoll 6205 - 33rd Street NW Washington, DC 20015 Gregg Letourneau Dawn Walker 919 -- 3rd Avenue East Kalispell, MT 59901 Dorothy Lea 6744 Cowles Mountain Blvd. San Diego, CA 92119 Leif Nelson 920 -- 2nd Avenue East Kalispell, MT 59901 Kathleen Burk -Sheldon 6130 W. Flamingo Road, Las Vegas, NV 89103 Robert 8& Catherine Bonham 844 - 2nd Avenue East Kalispell, MT 59901 William 8, Betty Huggins, Jr. 905 -- 1st Avenue East Kalispell, MT 59901 Diane Taylor 920 --- 3rd Avenue East Kalispell, MT 59901 Jenny Simon -Thomas 920 -- 2nd Avenue East Kalispell, MT 59901 James Laughlin #329 826 -- 2nd Avenue East Kalispell, MT 59901 Clinton Br, Nancy c atheart 828 -w 3rd Avenue East Kalispell, MT 59901 Brett Morton 911 - 3rd Avenue East Kalispell, MT 59901 Maul Parrish 315 -- 7th Street West Whitefish, MT 59937 Manuel Freedman Michele Rutherford 820 -- 3rd Avenue East Kalispell, MT 59901 Donald & Mary Morton 927 -- 2nd Avenue East Kalispell, MT 59901 Robert Allison 919 -- I st Avenue East Kalispell, MT 59901 William 8, Barbara Baumgarten Mark & Shannon Fraleigh Kevin Aurich 45 -- 2nd Avenue East 845 -- 3rd Avenue East P.C. Box 5524 l�alispell, MT 59901 Kalispell, MT 59901 Kalispell, MT 59903 Mary Wagner Betty Westley Bradford 825 - 2nd Avenue East 926 --- 3rd Avenue East Kalispell, MT 59901 Kalispell, MT 59901 City of Kalispell Planning Department 17 - .2" street East, Suite 211, KalispeH, Montana 59901 Telephone: (406) 751-1850 Fax: (406) 75I-1858 Website_ www.kalispell.com 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. NOTICE OF PUBLIC BEARING I ALISPELL CITE' PLANMNG BOARD AND ZONING COMMISSION OCTOBER 9, 2D07 The regular meeting of the Kalispell city Planning Board and Zoning Commission is scheduled for Tuesday, October 9, 2007 beginning at 7:00 PM in. the Kalispell city council chambers, Kalispell city Hall, 312 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. •► A request by Danielle Heil and Joni Eystad for a conditional use permit to operate a private preschool called the Meadowlark Montessori within an R-4, Two -Family Residential zoning district. The school recently changed ownership and expanded in size serving approximately 12 to 18 students per day. The Montessori school is considered a day care center which requires a conditional use permit to operate within the zoning district. The property is located on, the southeast corner of 9th Street Fast and 2nd Avenue East and the address is 204 9th Street East. The lot is 7,500 square feet and no changes to the existing building or property have been proposed. The property can be legally described as Lot 12, Block 123 of Kalispell Addition located in. Section 18. Township 28, Range 21, P . M . M . , H 1 athe..,_d C- M lounfu ontana. A request by Bridgeland Development LLP for a zone change from. city R-4, Two Family Residential to city R--3, Single Family Residential and preliminary plat approval for a 19 lot subdivision on 5.83 acres. The property is Phase 4 of the Northland Subdivision. and consists of a 1`?0 foot by 1 ,525 foot stri-P of land located south of Four Mile Drive Y . and north of Northland Subdivision phases 1-3. The Meadows, North Haven Heights, and Summit Ridge Subdivisions make up the eastern boundary of the project. As part of the subdivision, a roadway connecting Su �� it Ridge -ivy porch ro Four Vile r zr wr)1_:i1d be constructed. A small nark is also -olanned on Lhe north end of the project site adjacent to Four Mile Drive that is 9,147 square feet in size. The property can be legally described as assessor's tract I located within NE 1/4 NW 1%4 of section 1, Township 28 North, Range 22 Nest, P.M.M., Flathead County, Montana. • A request by the city of Kalispell for a zoning text amendment to update Chapter 27.26 of the Kalispell zoning Ordinance relating to Off-street Parking, including, but not limited to, changes in design standards, landscaping requirements, and the minimum number of required parking spaces associated with specific uses. A request by the City of Kalispell for a text amendment to update Chapter 27.21 of the Kalispell zoning Ordinance relating to planned unit developments, including, but not limited to, requiring a pre - application meeting, establishing a 3 tiered system. of PIED applications to accommodate the level of inform ation provided in phased projects or projects that will be built out over a significant number of gears, and revising the application requirements, the abandonment requirements and, the density provisions. Documents pertaining to the agenda items are on file for public inspection at the Kalispell Planning Department, 17 second street East, Suite 211, Kalispell, MIT 59901, and are available for public review during regular office hours. Interested persons are encouraged to attend the hearing and make their viers and concerns known to the Board. Wn*tten 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) 751-1850, or e-mail us at pla.nnin�c_ kalispell.com for additional information. No. 1227 N0T," U B L I C HEARING KALISPELL. CITY PLANNING EOAf' AN❑ ZONING COM- MISSION OCTOBER 9, 2007 The regular meeting of the Kalispell City Plan- ning Board and Zoning Commission is sched- uled for Tuesday, Octo- ber 9, 2007 beginning at 7:00 PM in the Kalispell City Council Chambers, Kalispell City Hall, 312 First Avenue East. Ka- lispell. The planning board ;vial. hold a public hearing and take public comments on the foilow- ing agenda items. f he Board will make a rec- ommendation to she Ka- lispell City Council who will take final action. 1. A request by jai i ielle Hell and :.ac t: t:.rs- tad for a condition jai use permit to operate a pri- vate preschool 11ed the Meadowlark Mon- tessori within an R-4, Two -Family Residential zoning district. The school recently changed ownership and expand- ed in size serving ap- proximately 12 to 18 students per day. The Montessori school is considered a day care center which requires a conditional use permit to operate within the zon- ing district. The property is located on the south- aast crorrier of 9th Street East and 2nd Avenue East and the address is 204 9th Street East. The lot is 7,500 square feet and no changes to the existing building or property have been pro- posed. The property can be legally described as Lot 12, Siock 123 of Ka- lispell addition located .tion 18, Township 23, lunge 21, P.M.M., Flathead County, Mon- ,ana. request,y 'xr37d Dev._�n_ for a s tie rAh;Ange from Cite 9-u Two Family Residential to {-rity �-_t1-3, fSinole r� zm- al ano ;-r;�-- � ,-14 m,iLiar�, )Iat appii�'dal for t)t subd!_vision _)n acres. ? �� .1i :perty is Phase the Northland St:L, i i.7jii ;and contsist t r _ [=')ot Jy i .5� .' r ., -i ! ��utr of Fnur Milf= he iMeadows, f'n :1i��rlkt4 Ridcie Drive north to Four Mile Drive would be coin=trusted. A small park s also planned on the north end of the Pr`. #ite adjacent �a Four Y ��fi=e Drive that �4 9, -i _17 square feet in size- ne property can be ie.gally described as assessor's tract 1 locat- ed ,vithln NE1/4 NW 114 of ec pion 1, Township 28 ,,iorth, Range 22 We r, P.M.M., Flathead Cou ray, Montana. 3. A request by the City of Kalispell for a zoning _tent amendment to urdate Chapter 27.26 of the Kalispell Zoning Ordinance relating to Off -Street Parking, in- cluding, but not limited to, changes in design standards, landscaping requirements, and the minimum number of re- quired parking spaces associated with specific uses. 4. A request by the City of Kalispell for a text amendment to up- date Chapter 27.21 of the Kalispell Zoning Or- dinance relating to plan- ned unit developments, including, but not limited to, requiring a preappli- cation meeting, estab- lishing a 3 tiered system of PUD applications to accommodate the level of information provided in phased projects or projects that will be built out over a significant number of years, and revising the application requirements, the aban- donment requirements and the density provi- sions. Documents pertaining to the agenda items are on file. for public inspec- tion at the Kalispell Planning Department, 17 second Street East. Suite 211, Kalispell, MT 199i j1, and are availa- ble for public review during regular office hours. tn-r�rested persons ate aInc-)uraged to attend the hearing and make their views and con- ce, Is 'knov n to the Bo -Ard. Written com- ments may be submit- ted to the Kalispell Plan- ning Department at the above address, prior to he date of the hearing, .jf you may call -is at Ic)3 751 -1 850, or 2- f i e, r. t ��i �tnnir7 g � k alisRell .tram additional informa- airin. r . r'r-%-� S �?I 1{ i� i l La i t '.J �.• I I :;.. STATE OF MONTANA. FLATHEAD COUNTY AFFIDAVIT OF PUBLICATION RICI-IELLE BRO UWER 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. 12274 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 September 16, and 23, 2007. 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 INSER NS. � t } ► ; C� \ glr/7c J. N�ot' A,- Subscribed and sworn to • Before me this . Seal 8 September 24, 2007 1 . f v D DOROTHY ZCENCROSS Notary Public for the State of Montana Resider ;- In Kalispell Wii