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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 r% - - ► r' Is r