1. Conditional Use Permit - Meadowlark Montessori (Tabled Nov 5)City of Kalispell
Planning Department
17 - 2' Street East, Suite 211, I alis-pel , Montana 59901
Telephone: (406) 75 1-1850
Fax: (406) 751-1858
Website: kalispellplanning.com
REPORT TO: Kalispell Mayor and City Council
FROM: Nicole C. Johnson, Planner 11
James H. Patrick, City Manager
SUBJECT. Conditional Use Permit for the Meadowlark Montessori preschool
MEETING DATE: November 19, 2007
BACKGROUND: The Kalispell City Council met on November 5th, 2007 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
property is located at 204 9thStreet East and 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.
During the meeting, the council questioned the need for fire safety inspections for the
preschool. Randy Brodehl, Kalispell City Fire Chief, indicated that his department would
conduct an annual fire inspection and that his staff would provide the details of that inspection
and related safety requirements to the owner and council. For that reason, council elected to
table the conditional use permit request until the details were known and scheduled the project
for the November 19, 2007 regular city council meeting.
Deputy Fire Marshal Ruffatto conducted a fire safety inspection for the Meadowlark Montessori
on November 14, 2007. The Kalispell Fire Department approves occupancy of the building for
the intended use.
The following four items, unless otherwise noted, will be addressed within the next 30 days to
comply with fire safety codes
1. The three existing fire extinguishers need to be replaced with two approved
extinguishers, one on each level, and need to be inspected on an annual basis. Mr.
Ruffatto recommended appropriate placement of the fire extinguishers.
2. The owner shall test the smoke alarms monthly to ensure they are functional and keep
a log of the monthly inspections.
3. Fire drills are required and an evacuation plan shall be in place. The northwest corner
of the property would be an appropriate meeting place. A log of monthly drills shall
also be kept.
4. The gas meter located on the east side of the property along the alley shall be protected
against vehicular impact. Bollards were recommended and the improvements may be
completed by June 1, 2008 due to inclement weather.
The Meadowlark Montessori preschool owners sent an email expressing their understanding of
the fire safety issue and indicated they are happy to comply with the recommendations the city
has or may have to improve the safety of their property and the children who attend.
While it was suggested that a condition of approval be added to the conditional use permit, it is
not necessary because the inspection is a standard practice for businesses in the City of
Kalispell. Staff recommends council take the positive recommendation from the Planning
Board on October 9, 2007 into consideration and move forward with the approval process.
RECOMMENDATION: A motion to adopt the findings of fact in staff report KCU-07-06 and
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. Joh so es H. Patrick
Planner II City Manager
Report compiled: November 14, 2007
Attachment: Email from Danielle Heil dated 11 / 14 / 07
c: Theresa white, Kalispell City Clerk
K
Page I of 1
Nicole Johnson
From: Danielle Heil [montanaheilshotmail.com]
Sent: Wednesday, November 14, 2007 6:04 AM
To: njohnson@kalispell.com
Subject: city council note from Meadowlark
Dear City Council,,
We at Meadowlark Montessori would like to
express our agreement to a safety/fire
inspection. Any recommendations to improve
our facility's safety are welcome. We want the
children at our school to always be safe and
prepared. Thank you for your time and effort
in this process. 0
Sincerely,
Danielle Heil Joni Eystad
Co -Directors & Owners
Meadowlark Montessori, LLC
Windows Live Hotmail and Microsoft office outlook — together at last. Get it now!
11 / 14/2007
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, RW4
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
Council's 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 19th 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
KALISPELL CITY PLANNING BOARD & ZONING CO SSION
MMMTES OF REGULAR MEETING
OCTOBER 9, 2007
CALL TO ORDER AND ROLL The regular meeting of the Kalispell city Planning Board. and
CALL zoning Co s sion. was called to order at 7 : 00 p.m. Board
members present were: Bryan Schutt, Robyn Balcom, Rick
Hull, John 1- inchey, Jim wffliamson and C.M. (Butch) Clark.
ari Gabriel was absent. P.J. Sorensen, Nicole Johnson and
Tom. Jentz represented the Kalispell Planning Department.
There were approximately 25 people in the audience.
APPROVAL OF NUINUTES Balcom moved. and Hinchey seconded a motion to approve
the mutes of September 11, 2007.
ROLL CALL I The motion passed unanimously on a roll call vote.
HEAR THE PUBLIC I No one wished to speak.
MEADOWLARK A request by Danielle Heil and Joni Eystad for a conditional
MON'TESSORI use permit to operate a private preschool called the
CONDITIONAL USE FEAT 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 9 thStreet East and 2 nd Avenue East
and the address is 204 9thStreet East.
STAFF REPORT RCU-07-06
Nicole Johnson representing the Kalispell Planning Office
presented staff report KCU-07-06 to the Board.
Johnson said this is a request to locate a preschool in an R-4
zoning district. The property is located on the southeast
corner of 9th Street East and 2nd Avenue East and is
surrounded by a variety of multi -family and single-family
residential units.
Johnson continued explaining the reason for the conditional
use permit (CUP) is the R-4 zoning district allows a
maximum of 12 school children and once that number is
exceeded a CUP is required to operate the preschool. There
are approximately 18 school children attending morning
and J or afternoon programs. The school operates from
approximately 3 am to 3:30 p.m. and there is an after school
program that runs until 5:00 p.m.
Johnson reviewed the site map of the property. She noted
since the school has 2 employees they will be required to
provide 2 off-street parking spaces to accommodate then.
Johnson conducted a site visit during the school's hours of
operation and rioted that there were approximately 2-5 cars
at anv zven time during, the drop off and Dick 'an hours and
Kalispell City Planning Board
M inutes of the meettnQ Lit October 14, 2007
0? rtra, i l lvf 10
BOARD DISCUSSION
the length of time the vehicles were parked at the school was
approximately 10 minutes. She stated staff didn't feel f
additional children would impact the general character of the
neighborhood or the traffic situation, especially with the
addition of the 2 off-street parking spaces.
Johnson noted comments were received from 3 neighbors
and their concerns included increased traffic in the
neighborhood, parking issues and safety of the children in
the drop of areas, use of the unpaved alley, and the impact
on the character of the neighborhood.
Staff. is recommending the Kalispell City Planning Board and
Zoning Commission adopt staff report CU-07.06 as fmdings
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.
Clark noted the letters address the neighbors' concerns
regarding the use of the alley and he asked why the parents
would use the alley. Johnson said during her site visit she.
did not observe any use of the alley and there appears to be
no reason for the employees of the preschool or parents to
use it. The front door is located on 9th Street East and most
of the parents were parking on 9th Street.
Schutt asked where the proposed off-street parking spaces
will be located. Johnson noted that there is not a specific
plan for the location and she reviewed the possibilities for the
board. She added the condition states that the spaces have
to comply with the city design standards and zoning
regulations.
Schutt asked if backing out into the street would be allowed
and Jen.tz said the school would be viewed, as a residential
use and they would be allowed to back out into the street.
Hull questioned the condition that would require the juniper
trees in the R/W be replaced by the property owner.
Johnson said the applicant is coming in for a CUP and the
trees are out of compliance. The trees are not on the list of
allowed species in the R/ELT and may be a sight distance
issue. This would be a good opportunity to bring the property
into compliance.
HM' chey asked if this was a request to increase the
enrollment to 18 students and if 18 would be the maximum
allowed. Johnson said 18 students was an average of their
current enrollment. There was discussion on the number of
students that should be allowed. and Jentz suggested this
could be dcternmined by the board after the public hearing is
held and if the board decides to recommend approval of the
CUP.
Kalispell City Planning Beard
Minutes of the meeting ulf 0(•tol�r 9, `007
" . -,.,
"PLICANT j TECHNICAL
ST"F
Clark also expressed his concern that the property owner
would be required to remove the juniper trees from the city's
R/ W.
Danielle Heil' introduced herself as one of the teachers of
Meadowlark Montessori and added that her partner Joni
Eystad and the previous owner Kara Ba.sko were also in
attendance and available for questions.
Williamson asked if they are licensed by the state as a day
care and Heil said no they are a private school. Williamson
asked if the hours of 3:30 -- 5:00 are an extension of the
school and Heil said that is not school time but the children
can stay until 5:00 if necessary when their parents can pick
them up.
Schutt asked where staff parldng is currently located and
Heil said 2nd Avenue East. Schutt asked where the staff off-
street parking will be located and Heil responded they would
either renovate the garage area or could possibly rent spaces
from the apartment complex. Williamson said he noticed 4
cars parked next to the garage on the weekend and asked
who would be parking in that area. Heil said it was probably
residents of the apartment complex which is behind the
school.
Balcom asked if anyone was living at the school and Heil said
no, however the previous owner had a tenant on the
property.
Hinchey asked Heil to address the current number of
students. Heil noted they provided staff with an average
number of their daily attendance. They currently have a half -
day and full -day schedule so the number drops by half after
the 1: oo pm pickup. Hinchey asked if the CUP was approved
Would they be able to operate with up to 18 students and
Heil said she Would like to negotiate that number. 'Their
current total enrollment is 25 students but not all 25 are
there at any given time.
Clark asked if 25 students would make it econ.ornically viable
for them and Heil said yes and she added they Would like to
stay at a low class size.
Williamson asked if they are regulated by the state as to a
ratio of teachers/students enrolled and Heil said they are a
private school and are not regulated by the state but they
want to keep it at 12 students per teacher/per day. However,
she noted their facility can accommodate up to 36 students.
Williamson asked if there is a. requirement as to the size of
the outdoor play area per student. Kara Baskoa the previous
owner said although she doesn't know the exact numbers for
the play area there is more than enough outdoors ace to
Kalispell City Planning Board
Minutes of the meeting of October 0, 2007
support the 36 students that would be allowed by their
indoor square footage. Williamson said then with 2 teachers
the student limit would be 24 at any one time and Basko
said that was correct.
PUBLIC HEARING I No one wished to speak and the public hearing was closed.
MOTION Balcom moved and Clark seconded a motion to adopt staff
report KCU- 07- 06 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.
MOTION - AMEND Dull moved and Clark seconded a motion to amend
CONDITION # 1 Condition. # 1 to read.: "The proposal will be developed in
substantial conformance with the approved site plan and
hours of operation and the number of preschool children
enrolled at the school will be limited to a maximum. of 24
students at any one time."
BOARD DISCUSSION Schutt asked staff if 24 students would be unreasonably
restrictive. Bentz said he felt 24 students was reasonable
because if more students were allowed it would increase the
impact on the neighborhood.
ROLL CALL - AMEND The motion to amend Condition. # 1 passed on a roll call vote
CONDITION # 1 of 4 in favor and 2 opposed.
MOTION - DELETE Clark moved and Hull seconded a motion to delete Condition.
CONDI'T'ON #3 #3 that relates to the replacement of the juniper trees.
BOARD DISCUSSION Clark noted that he is a great proponent of private
enterprise, especially small private enterprise and he thinks
Condition #3 is onerous.
Balcom asked if the problem was with the juniper trees.
Johnson noted the issue could be site distance and Jentz
added juniper trees are not an approved species for the
boulevard because it is a bush and not a street tree.
Balcony disagreed with the motion because whenever there is
an opportunity to bring a property into compliance the city
should pursue it. Balcom added she doesn't consider this
requirement a burden on the property owners.
ROLL CALF. - DELETE The motion to delete Condition. #3 passed on a roll call gate
CONDITION #3 of 4 in favor and 2 opposed.
ROIL CALL -- ORIGINAL The original motion, as amended passed on a roll call vote of
MOTION 1 .5 in favor and 1 opposed.
ZONE CHANGE REQUEST A request by Bridgeland Development LLP for a zone change
BY BRIDOELAND from City R-4, Two Family Residential to City R--3, Single
DEVELOPMENT AND A Family Residential and -oreliminary plat at)-Droval for a 19 lot
Kaiispeii City Planning Board
Minutes of the meeting, of 0..taber °, ,..007
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