3. Conditional Use Permit - Central Bible ChurchREPORT
FROX
SUBJECT
MEETIONG DATE*
City of Kalispell
Planning Department
17 - 2 Street East, Suite 211, Kalispell, Montana 59901
Telephone-. ) f -1 850
Fax: (406) 751-1858
Webs ite: kallspellplanning.com
Kalispell Mayor and City Council
Scan Conrad, Senior Planner
James H. Patrick, cftr Manager
Conditional Use Permit for the Hope pregnancy center
May 1, 2006
BACKGROUND: This is a request for a conditional use permit to allow the operation
of the Hope Pregnancy Center. The Hope Pregnancy Center is a day use facility for
those in reed of Pregnancy resources and information. The Center provides all of its
services for free to the community. The property is zoned R-4 Two Family Residential
which fists churches and accessory uses to a church as a. conditionally permitted use.
The property is located at 940 First Avenue East and can be described as Lots
th-rough 12, Block 125 of Kalispell Original in Section 17, Township 28 Now, Range
21 West, P. M. M, Flathead County, Montana.
The planning board held a. public hearing at a meeting on April 11, 2006 and after
hearing the staff report, testimony from the applicant and other members of the
public, the planning board recommended the city Council approve the conditional use
permit subject to the conditions listed in the staff report.
RECOMMENDATION: A motion to approve the conditional use permit would be in
order*
FISCAL EFFECTS: ositi a impacts once fully developed.
ALTERNATIVES: As suggested by the City Council.
Hope Pregnancy Center
April 2 ,, 2006
Page
Respectfully submitted,
Sean Conrad
Senior Planner
Report compiled: Apt 2, 2006
Theresa White, Kahspell City Clerk
t�
James H. Pack
City Manager
City of Kalispell
P. o. Box 19
Kalispell, Montana 9 3-1997
GRANT of CONDITIONAL USE
APPLICANT: Central Bible Church/Hope pregnancy Center
940 l st Avenue East
Kalispell, MT 59901
LEGAL DESCRIPTION: Lots 9 through 12, Block 125 of Kalispell original in Section 17,
Township 28 North, Range 21 Nest, '.M.M., Flathead County,
Montana
ZONE: Two Family Residential, R -
The applicant has applied to the City of Kalispell for a conditional use permit to allow the
continued operation of Hope Pregnancy Center as an accessory use to Central Bible Church, located
n a Two Family Residential, R - , zoning district.
The Kalispell City Planning Board and ,honing Commission, after due and proper notice, o
April 11, 2006,led a public hearing on the application, took public comment and recommended that
the application be approved subject to four conditions.
After reviewing the application, the record, the KPD report, and after duly considering the
natter,, the City Council of the City of Kalispell, pursuant to the Kalispell Zoning Ordinance, hereby
adopts Kalispell Planning Department Conditional Use Report KCU - -3 as the Council's findings
of Fact, and issues and grants to the above -described real property a conditional -use permit to operate
Hope Pregnancy Center in a Two Family Residential, R- , zoning district subject to the following
conditions
1. A parking lot layout plan shall be submitted to the Manning and Building Department for
refer and approval. The parking lot shall be paved in accordance with Kalispell design
standards and striped in accordance with the approved plan within one year of issuance of this
permit.
2. A sign permit shall be obtained within six months of issuance of this permit.
. Any future expansion of the Center shall require a conditional use pernt be secured prior to
expansion.
4. The Center shall obtain a building permit for the handicap access within six months of issuance
of the Conditional Use Permit. The handicap access from the parking lot to the Center shall be
installed within one year of issuance of the building permit.
Dated this 1 st day of May, Zoo.
Pamela B. Kennedy
Mayor
STATE OF M NTANA
s
County of Flathead
On this day o , 2006 before one, a Notary Public, personally
appeared Pamela B. Kennedy, Mayor of the City of Kalispell, known rn to n e to be the person whose
name is subscribed to the within instrument and acknowledged to me that she executed the sane on
behalf of the City of Ka is ell.
N WITNESS WHEREOF, I have bereunto set .may band and affixed my Notarial Sea], the
day and year first above written.
Notary Public, State of Montana
Residing at Kalispell, Montana
My Conunission Expires
City of Kalispell
Planning Department
2nd Street East, suite 211, Kalispell Montana 59901
Telephone: (406) 751-1850
Fax: 6) 751-185
W.te: kalispellplanning.com
April24,2006
James H. Patrick, City Manager
City of Kahspell
P.O. fox 1997
Kalispell, MT 59903
Re*- Conditional Use Permit for the Hope Pregnancy Center
Dear Jim:
The Kalispell City Planning Board met on April 1 , 2006 and held a. public .earl t
consider a request for a conditional use permit to allow the operation of the Hope
Pregnancy Center. The Hope Pregnancy Center is a day use faclhty for those In need
of pregnancy resources and information. The Center provides all of its services to the
community munit for free. The property is zoned R-4 Two Family Residential which lists
churches and accessory uses to a church as a c ndltionaHy permitted use. The
property is located at 940 First Avenue fast and can be described as Lots 9 through
12, Block 125 of Kalispell rigtnal in Section 17, Township 28 North, Barge 21 West,
. M. M, Flathead County, Montana.
Sean Conrad, with the Kalispell Planning ni epartment, presented staff report KC1, - -
3 evaluating the proposal with staff recommending approval of the use permit request
subject to four conditions.
During the public hearing Clair Beaver, Executive Director of the Hope Pregnancy
Center, spoke in favor of the proposal. No one else wished to speak and the public
hearing was closed..
The panning Board discussed the proposal and the testimony. After discussion of the
issues raised in the staff' report the planning board voted unanimously to recommend
approval of the requested conditional use permit.
Please schedule this matter for the May 1, 2006 regular City Council meeting. You
may contact this hoard or Sean Conrad at the Kalispell Planning Department if you
have any questions regarding this matter.
Hope Pregnancy Center
April 24, 2006
'age 2
Sincerely
Kalispell City Planning Board
George Taylor
President
GT/ sc
Attachments: Exhibit A -Conditions of Approval
Staff report KC -o --3 and application materials
Minutes from the 4/11/06 planning board meeting
w/ Att.- Theresa White, Kalispell City Clerk
e o Att: Clair Beaver, 940 First Ave. East, Kalispefl, MT 59901
Central Bible Church, 902 First Ave. East, Kalispell, MT 59901
DEBIT
CENTRAL BEBLE CHURCH HOPE PREGNANCY CENTER
KALISPELL CITY PLANNING BOARD
2006
The Kalispell City Planning Board held a public heafing on this matter at the reg la.
meeting of the planning board of Apt 11, 2006. The following conditions are
recommended for the conditional use pennit:
1. ._ parking lot layout plan shall be , ru- itted to the Planning and Building
Department for preview and approval. The parking lot shall be paved in accordance
with Kalispell design standards and striped in accordance with the approved an
within one year of issuance of this permit.
2. A sign permit shall be obtained within six months of issuance of this permit.
. Any future expansion of the Center shall require a conditional use permit be
secured prior to expansion.
. The Center shall obtain a. building permit for the handicap access within six
months of issuance of the Conditional Use Permit. The handicap access from the
parldng lot to the Center shall be installed within one year of issuance of the
building pest.
sc
CENTRAL BEBLE CHURCH HOPE PREGNANCY CENTER
REQUEST FOR CONDMONAL USE PEST
KALISPELL PLANNING OFFICE
REPORT #KCU-06-3
MARCH 31,2006
This is a report to the Kahs eR City Plannm'g Boardand Kalispell City Council
regarding a request for a conditional use pert to allow the operation of Hope
Pregnancy Center. A public hearing to review this request has been scheduled before
the planning board on Apra 11, 2006 in the Kalispell City Council Chambers. The
planningboard wi1l forward a recommendation to -the city council for final action.
BACKGROUND INFORMATION:
Petitioner/ .vm: Central Bible Church
902 - 1st Avenue East
Kalispell, MT 50
(406) 7- 23
Clair Beaver
940 I t Avenue East
Kalispell, MT 59901
(406)257-6006
Size and Location: This parcel contains approximately V2 acre of land and
occupies the entire south half of the city bock bounded by the Central Bible
Church on the north, First Avenue East on the east, Tenth Street on the south
and a developed alley along the crest. The property address is 940 First Avenue
East and can be described as Lots 9 through 12, Block 125 of Kalispell
Original in Section 17, Township 28 North., Range 21 west, . M . M, Flathead
County, Montana. KCU--3
C. Summary of Request: This is a request for a conditional use permit to allow
the operation of Hope Pregnancy Center.
D. Existing Land Use and Zoning: The Central Bible Church site contains a
complex with the traditional church on the now side of the site, an attached
educational wing in the middle connecting to a full Umnasium on the south
side of the church with tip:je
Hope Pregnancy Center located on the southem end
f the church complex. The property is zoned R-4 Two Family Residentiad
which lists churches and accessory uses to a church as a conditionally
permitted use.' The Hope Pregnancy Center is considered are accessory use to
the church as the church has provided the land., building and donations for the
Center's operational needs. Kalispell Zoning Ordinance 2 .3 . o provides
general criteria for the issuance of a. CUP of this nature.
The Hope Pregnancy Center is a day use facility for hose inneed of pregnancy
resources and information. The Center provides all of its sere ices for free to the
community. The Center provides pregnancy tests, counseling, post -abortion
bible studies, teen mother support group, adoption support group, abstinence
education, resource library, adoption and community service referrals, and
purity retreat for teems. The Center is currently M the process of turning the
Center Mto a medical cc in which a nurse manager wiH be doing pregnancy
tests and 4irxwidiug. ultraso"
e medical services would be
provided under a medical ector who is a ' ce xs cl -reed calysician.
The Center generally operates Monday. through. Friday between the hours of
a.m. and 4 p.m. The Center offers expanded drop in hours on Monday from 12
p.m. to 8 p.m. The Center also offers a. meeting place for support groups and
meeting training sessions. These are typically held during the day and into the
early evening ending around :30 p.m. or :00 p.m. The support groups and
meeting/ training sessions typically have around 10. 12 attendees.
E. Surrounding Zoning and Land Uses Zoning: This area. contains a mixture of
zoning classifications as it serves as a. transitional area from uses along US 93
to the west which is zoned R-5(Residential/ ProfessionalOffice) and a nu*x o
conxmerci.al and residential uses zoned R- (Two Family Residential) to the
north, south and east
North: Central Bible Church, R-4 Zoning
East. Single family y residential, R-4 Zonffig
South: Mountain Trader, R-4 Zo mo g
West: US Highway 93, Professional Offices, R-5 Zoning
Relation to the Growth icy: The Kalispell ell Growth Policy 2020 recognizes
this area as are area suitable for retail offices, services, wed use and
residential. This classification extends from. South Main to First Ave ne East
and covers the entire church. site. Churches are typically recognized as
compatible uses in commercial, mixed use and residential neighborhoods. The
Hope Pregnancy Center as part of the Central Bible Church complex is a
stable, significant historical use in the neighborhood and serves as a buffer
from the more intensive uses to the west along South. Maim and the stable
residential neighborhood to the east.
G. Utilities Sew:
Sewer service; City of Kalispell
Water service. City of Kalispell
Solid. Waste;
City of Kahspell
Gas:
Northwest Energy
Electric:
Flathead Electric Cooperative
Phone:
C e .tur yTel
Police:
City of Kalispell
Fire:
Kalispell. Fire Department
Schools:
school District 5, Kalispell
KA
EVALUATION OF THE REQUEST
The application is reviewed m accordance with the conditional use review cr terla in
the Kalispell Zoning ordinance.
.. site Siaty:
a. Adequate Useable Space.0 The entire site is level with are em'sting house
providing the office and clar cal space for the pregnancy center. The
current house and lot provide adequate useable space with area for
future expansion.
b . de ate s: The Center is located on the corer of First Avenue
East and Tenth Street East. Both of these streets provide the pnmary
access for clients of the Center. Additional parking and access is also
provided by the alley located immediately crest of the Center.
The site plan shows handicap access from the parking lot to the Center
via a wheelcha-ir accessible ramp and sidewalk. Upon reviewing the site
plan the Kalispell Buildm'g Department has recommended adding a
condition r-e =' g the Center to obtain a building pert to review the
proposed handicap access to ensure it meets code requirements.
C. Environmental Constraints: The site is flat, fully developed to urban
standards, is not in a floodpla.� and is not impacted by surface water or
wetlands. No other significant environmental constraints are apparent
on the property.
2* Appropriateness of design:
a. Parking and site circulation.: _- Between the Center and alley are six
existing parking spaces, one of whichis a. designated handicap space;
Required parking would be based on an office ratio of one space per 400
square feet of gross floor area. The site plan indicates the gross floor
area of the Center at 2,000 square feet requiring 5 off-street parking
spaces. As stated previously, there are six existing ors -site parking
spaces west of the building.
View of the
Center's parking
lot. The parking lot
can cash
accommodate five
cars Wth space for
an additional
handicap parking
space.
3
The current parking area is located in a small gravel parking lot between
the alley and the Center. Pursuant to section 27-26.030.4 of the
Kalispell Zoning Ordinance, the five off-street parking spaces required to
serve the Center Will e required to be paved with a mm* imum of two
mopes of asphalt or concrete in accordance with. the City of Kalispell
design specifications.
. open space: No specific open space requirements exist in the ,coning
regulations for a development of this type.
C. Fencing Z s reenin andsca in ; The property is presently landscaped
with a mixture of mature trees and bushes along the building and
ex mete of property with lawn located both to the east and south of the
existing building. A white picket fence is located along First Avenue East
and. Tenth street East. The fencing provides a. nice presentation of the
Hope Pregnancy Center from the street and gives an outward
appearance that helps to incorporate the Center with the residential
homes found on the east side of First Avenue East. Therefore, no ether
fencing or screening appears needed or warranted for the particular use
in the existing building.
View of the
Center from
First Avenue
East. As the
photo shows,
the existing
landscaping are
fencing
incorporate the
Center with the
residential
character of the
immediate area.
d. Sims; The Center has one existing sign facing First Avenue East.
review of the Planning Departments sign permits revealed no sign permit
has been issued to the Hope Pregnancy Center. Therefore, as a.
recommended condition of approval the Center would be required to
obtain a sign permit.
3, AvailabiRty of Public Services/ Facilities:
a. Schools: This site is within School District 5. No impact is associated
with the proposed use.
. Parks _and RecreatioW. 'Where are no anticipated impacts to parks,
4
C. Police: Ponce protection will be provided by the Kalispell Police
Department. ar-tment. No unusual impacts or needs are anticipated from the
proposed use.
d. Fire Protection- Fire protection will be provided by the r a s efl Fire
Department. No unusiaal impacts are anticipated from the proposed.
use.
e. water and sewer: Water and sewer are available to the existing
pregnancy center. This project Vn*1.ha e no impacts.
f. Solid waste: solid waste pick-up vvidl be provided by the City. Existing
enclosures will be utilized in accordance with City requirements. This
project wffl have no impacts to current sec ces,
g. Streets. The Center is served by two City streets, First avenue East and.
Tenth Street East. These streets are constructed. to City standards
including curb, gutter, boulevard and sidewalks. In their application the
Center has stated that a maximum of 6 staff members may he present at
the Center and, on average, the Center has 5 clients a day. Traffic and
pang impacts to the adjoining streets will be minimal with above
number of staff and e .ents at the Center on a daffy basis.
Nelighborhood bne s. The greatest impact the Center would have on the
neighborhood would be to the residence immediately to the east, across First
Avenue East. The only identifiable impacts might by traffic however as stated
previously, traffic c impacts should be mi al as the Center has a. maximum
staff of six and average of 5 clients per day. Although the grope Pregnancy
Center is not a residential use it operates within a single family residence.
Operating out of a single fly residence allows the Center to fit into the
existing neighborhood thereby not impacting the character or feel of the
surrounding residences. No other L'm acts have been identified or are
anticipated including additional outdoor lighting impacts, smoke, fumes, gals,
odors, or inappropriate hours of operation. A notice of public hearing was
mailed to property owners within. 150 Feet of the site a. rom'mately 15 days
prior to the .ear' g. To date, staff has received no comments from. neighbors
on the proposal.
Consideration of historical use patterns and recent changes: This area has
hi.stor-i.call.y included residential housing with some businesses to the west
fronting Highway r 3. Little has changed over the years with business and non
residential uses for the most wart locating along Highway 93 and residential
homes fronting First Avenue East. Exceptions to this include the Mountain
Trader, Central Bible Church and the Hoe Pregnancy Center in this immediate
neighborhood.
Effects on property values: No sigrfficant negative impacts on property
values are anticipated. As previously mentioned., the proposal is compatible
with the neighborhood, will not create any adverse impacts with regard to noise
5
or traffic and the use of the existing house as a. pregnancy center will have little
impact to surrounding neighbors.
RECOAMENDATION
Staff recommends that the planrnng board adopt the staff report KCU-0 --3 as
mdmgs of fact and recommend to the Kalispell city Council that the conditional use
pest be approved subject to the foRowing conditions:
. A parking lot layout plan steal be submitted to the Plannmg and Building
Department for review and approval. The parking lot shall be paved in accordance
.th Kalispell design standards and striped in accordance with the approved plan
within one year of issuance of this pest.
2. A sign pest shall be obtained within six months of issuance of this permit.
3. Any future expansion of the Center shall require a conditional use pe= t be
secured prior to expansion.
. The Center shall obtain a building pest for the handicap access within six
months of issuance of the Conditional Use Permit. The handicap access from the
parking lot to the Center shall be installed within one year of issuance of the
building permit.
sc
PROPOSED USE:
City of Kalispell
Planning Department
2nd Street East, Suite 211, Kalispell, Montana 59901
Fax: (751-1858
APPLICATION FOR CONDITIONAL USE PERMIT
Al�a_ e�7'e
OWNER(S) OF RECORD:
Name,
Mailing Address:
F
City/State/Zip: �: •� � Phone:
PERSON(S) AUTHORIZED TO REPRESENT THE OWNER(S) AND TO WHOM ALL
CORRESPONDENCE IS TO BE SENT:
Name: CX/�i'
Mailing Address:
City/State/tip: _ Sl���lT g�i"a/" __ Phone:
LEGAL DESCRIPTiON OF PROPERTY (Refer to Property Records):
Street Sec. Town- � Range
Address.
` No, �� ship W No.— >Z
Subdivision
Tract Lot Block
Baer
To s No r No.
Zonmig District and Zoning Classification in which use is proposed:
2. AL'tach a plan of the affected lot which identifies the foflovning items:
a. S rro din land uses.
. Dimensions and shape of lot.
C. Topographic features of lot.
d r Size(s) and location(s) of existing buildings
e. Size(s) and location(s) of proposed buildings.
Existing uses of structures and open. areas.
. Proposed use(s) of structures and open. areas.
. Existing and proposed landscaping and fencing.
1
3. On a. separate sheet of paper, discuss the f6HoVM'g topics relative to the proposed
se:
a. Traffic flow and control.
. access to and . circulation within the property.
C.Off-street Parking and loading.
d. Refuse and service areas.
C. Utilities.
Screening and buffering.
h Signs, cares and other open. spaces.
Height, bulk and .oca.tio . of structures.
L Location of proposers open space uses,
. Hours and manner of operation..
k. Noise, light, dust, odors, fames and vibration.
. Attach supplemental information for proposed uses that have additional
requirements (consultPlanner).
hereby copy under penalty of perjury and the laws of the State of Montana that the
information submitted herein, on aU other submitted forms, documents, plans or any
other information submitted as a part of this app cant .on, to be true, complete, and
accurate to the west of my knowledge. Should any miformation or representation
submitted �.r connection with this application e incorrect or untrue, I understand that
are.y a.pprova.l based thereon may be rescinded, and other appropriate action taker., The
signing of this application signifies approval for the Kalispell Plan=g staff to be present
on the property for routine monitoring and inspection dung the approval and
development ent process.
p t Signature Date
2
Application for Conditional Use Permit, page
3.
a.. Traffic flow and control.
We average 5 clients per day. Therefore, parking and traffic flow has never been a
problem.
. Access to and circulation within the property.
Clients access the Center through the front door which faces I" Avenue E. They
can access the front door through the east or southsidewalks that lead to the front
porch,. once they eater the foes they are directed to the room that offers the
service they need. First time clients eater the living room/waiting rooms. on the left
to fill out paper -work. The EWYL room just west of the foyer is for education and
material services. The Center library i 4i} the west ofthe living room m and south of
the EWYL room. The upstairs of the Center has a counseling room, a room for
m orn to size 18 months clothing, - 6T clothing, bathroom and office.
e. off-street parking and loading.
Off-street parking is available behind the Center. This space can easily
accommodate 6 vehicles. Loading of larger items for clients can he done through
the back door via the parking lot behind the center.
d. Refuse and service areas.
efase containers are provided by the City of Kalispell on the alley between I"
Avenue E. and Malin (93 S.. other services are connected via southwest corner.
e. Utilities,
City water. Flathead Electric -power. NW nerg -gas. Cent r to -telephone.
. Screening and buffering.
A vl nl fence surrounds the frorit of the house. A hedge buffer runs from the
southwestem corner of the fence to the parking deck.
. Signs, yards and other open spaces.
There is one sign, flush with the center, on the southeaster. corner. See site plan
for open spaces,
* Height, bulk and location of structures.
Height: Two-story
Bulk: Unknown
Location of structure: see attached site plan
. Location of proposed open space uses.
Not applicable.
j. Hours and manner of operation.
Staff*
Monday - r'day: 8 a.m. A- :00 p.m.
Center open to public to drop in for any of our free services
Monday. 12 p.m.-8 p.m.
.say- ' day: 12 p.m. - 4 p.m.
Teen Mother Support Group
Thursday 6: o - : o p.m.
Occasional Meetings, 'gaining, Etc.
Varying hours between 8 a.m. and 9 p.m.
k. Noise, light, dust, odors, fumes and vibration.
Not applicable.
1. Staf of nteer information
We have one full time and two part time staff currently. our plan is to add a part-
time nurse manager. r. ►.t least I but no .more than 6 volunteers/staff are on sight
during hours of operation.
�.Additional parking agreement
A verbal agreement was made between Central Bible Church and two businesses
to their west. The agreement was that Central Bible would pay to pave the lot and
providemaintenance and snow removal in exchange for use.
n. Hope Pregnancy Center's association with Central Bible
Six years ago Central Bible Church (Church) sought a ministry use for this
property rather than continuing to rent it as a residence. At the sarne time Hope
Pregnancy Center (Center) was in reed of a larger facility for its ministry. An
agreement was made between these two ministr'es and the house was donated for
use to the Center. The Center requests permission from the Church prior t
changes or improvements being made to the property. The Center has repainted,
decorated and fumis ed the house into a beautiful facility. The Center has added
the white vinyl fence for the safety of the children that frequent the center with
their parents. The Center has landscaped the front yard and the northwest comer
er
of the property. We are in the process of adding sidewalk lighting.
o, Reason for Proposal
t has just recently come to our attention that this property is zoned - . We feel
that it is appropriate to comply with the zoning requirements and therefore we are
seeking this "Conditional UsePermit". We don't foresee anything changing
inside or outside of the Center.
p. Hope Pregnancy Center's existing and future services
The Center is a day use facility for hose in need of pregnancy resources and
information. The Center provides all of its- services free to the community without
regard to income, seq., age, religion, or nationality. The services provided are
red .a cy tests, options counseling,. material assistance through an eaming and
ears.g program, post -abortion bible studies, teen mother support group',
adoption supTport uoup, abstinence education, resource library, adoption and
community services referrals} and purity retreats for tees. We are in the process
of mp g our center a Medical Cl im'c which means that we will have a Nurse
Manager who will be doing the pregnancv tests and also be providing ultrasound
services. All medical services will be provided under our Medical Director who is
a licensed medical physician..
. Purpose: Hope Pregnancy Center is a non-profit, organized for e an'table,
religious, educational and social welfare purposes. We received determination as
a 5 01 (c)(3 by the Intemal Revenue Service on July 11, 2003. our funding is
completely provided by the community we serve. Many area churches see Hope
Pregnancy Center as are extension of their ow ministries. istries. ar hope is to fulfill
services for the area. churches. Forty-two community churches have provided
financial or mate al support to our ministry.
5
YLA
LAI,
111H AVE
ubject P)'o
VICINITY MAP scams 1" 2001
HOPE PREGNANCY CENTER
REQUEST FORA CONDITIONAL USE PERMIT IN ORDER TO
BRING THE CENTER INTO COMPLIANCE WITH THE R-4
ZONING
PLOT DATE. 3/7/06
City of Kali*spell
Planning Department
17 - 2"d Street East, Suits 211, Kalispell, Montana 59941
Telephone: (406) 751-1854
Fax: (406) 751-1858
Website: kalispellplanning.cnm
MEMORANDUM
TO: Kalispell city Staff
Other Interested parties
FROM: Sean Conrad, Senior Planner
RE: Marc. 16thSite Review committee meeting
DATE: March 13, Zoo
The following conditional use permit request is scheduled for the April 11, 2006 City Planning
Board meeting:
Central Bible church has requested a Conditional Use Perrmt KCU-o -o3 for the Hope
Pregnancy center located at 940 1st Ave. East. The property is zoned R-4 (fro Family
Residential) and although the Hope Pregnancy Center has been operating for a number of years
a conditional use permit was Heger issued to allow the center to operate in -4 zoning district.
The central .Bible church is requesting the conditional use per nit to bring the Hope Pregnancy
r
Center into compliance with the zoning district.
Included with the site drawing for the Hope Pregnancy Center is a. copy of their application
which provides background information on the Center.
In addition to the conditional use permit request l also have two pre -applications for
subdivisions. divisions. The first was discussed briefly at the March 9th site review meeting. The
attached subdivision proposal was submitted y Tim Birk. Unfortunately Mr. Birk was unable
to make the March 9th site review meeting but is planning on attending the March 16th meeting
to discuss his proposal. The proposed subdivision includes 66 lots on three lets totaling
app -omr atel r 20 acres. 'there are four homes currently on the 20 acre project site with the
following addresses; 648 Scenic Drive, 652 Scenic Drive, log Reserve Drive and 111 Reserve
Drive .
The second pre -application request is from Montana Mapping Associates to subdivided two lots
into six residential lots. The lots are located at 115 Valley View Drive, assessor"s tract no,'s
3 E and 3DEA. The owners would like to create six residential lots, five of which would be
single family residential and one lot which would allow a duplex unit.
The Site Review Committee meeting is held at lo:oo a.m. on Thursdays at the Building
Department located at 24 rd Avenue, East In Kalispell. If you need additional information
regarding these projects please call me. Tank you for taking the time to review and comment.
c. w attac .e ts. F. Ray atto, Fire Dept.
Mike Baker, Parks and e
James Patrick, City Manager
P.J. Sorenson, Zoning Admirnistrator
Roger Krauss, Police Dept.
`rank Castles, City Engineer
Jim Ha .s , Pubhc Works Director
Mark Crawley, Construction Manager
Sandy Wheeler, Community e elop en
Susan Moyer, Community Development Director
Craig Kean, chief Building Inspector
Charles Harball, city Attorney
c: W/o attachments-, Applicants
City of Kalispell
Planning Department
1 - 211d Street. Ea is Suite 2.11, KafispeU, Montana 59901
Telephone: (406) 751-1.850
Fax: (406) 751-1858
Website: kalispeflplanning.cam
You are being sent this notice because you are a propel owner within 150 feet of the
proposed project noted below and will be most directly affected by its development.
You have an opport rn*ty to present your comments and co eor s at the meeting noted
below. You may contact this office for a.dditi.onal information.
NOTICE PUBLIC HEARING
KALISPELL CITY PLANNING BOARD AND ZONING CohMSSI N
Apt 11 , 2006
The regular meeting of the KalispeU City Planming Board and Zoning Commission is scheduled
for Tuesday, Apt 11, 2006 beginning at 7:00 PM in the Kalispell City Council Chambers,
Kalispell City Half., 312 First Avenue East, Kalispell. The planning board will hold a public
hearing and take public comments on the foHowing agenda items. The Board wfll make a
recommendation to the Kalispell City Council who will take final action.
1. A request by Central. Bible Church for a. Conditional Use Permit for the Hope Pregnancy
Center located at 940 Ist Ave. East. The property is zoned R-4 (Two FamilyResidential) and
although the Hope Pregnancy Center has been operating for a number of years a
conditional use permit was nearer issued to allow the center to operate in R-4 zoning
district. The Central .bible Church is requesting the conditional use permit to bring the
Hope Pregnancy Center into compliance with the zoning district. The center provides
counseling services dung normal b s�r�ess hours for pregnant women. The property i
legally described as Lots 9, 10, 11 and 12 of Block 125, Kalispell Original `l`ownsite, located
with Section IT Tovmship 28 North, .lane 21 west, PMM Flathead County Montana.
KCU -o -03)
2. A request by Robert Voelker for a Zone Change from P- Public to - 2 (Gene ral Busmies
and. Planned Unit Development P overlay district on a 3.4 acre lot, The requested P J
overlay district would allow a Hilton Garde, inn and Conference Center to exceed the
maximum building height of 40 feet in the -2 General Business) zoning district and place
a casino witbm the hotel conference center which is within 300 Feet of a city park.
Specifically, the owner is requesting the hotel be allowed a. maximum height of 56 feet and
a casino, approximately 1,500 square feet in size, be permitted within the 117,000 square
foot hotel/conference center, which is located. within 300 feet of Lions Park, The property is
located at 1840 Highway 93 South and can be described as Assessors Tract 1B in Section
20, Township 28 North, Range 22 west, P.M.M., Flathead County, Montana. KPU -o -01)
3. A request by the City of Kalispell to amend Sections 27.14.030(5), 27.15.030(3),
27.16.030(8), 2 .1 .030 and ' .1 .030(7) of the Kalispell Zoning Ordinance. The
amendment is intended to review the 300 loot setback for casinos from churches, schools,
parks, residential zones, and other casinos. The cumnt text requires the 300 foot setback
for casinos from churches, schools, parks, residential zones, and other casinos as
measured from property line to property line. The City is considering amending the zoning
code to meantain the requirement for a conditional use permit but either decrease o
eliminate the 300 foot setback requirement. (KZ.-o -o2)
Documents pertaining to the agenda items are on file for public inspection at the Kalispell
Planning Department, 17 Second Street East, Suite 2 11, Kalispell., MT 5990 1, and are available
for public review during regular office hours.
Interested persons are encouraged to attend the heaning and make their views and concerns
known to the Boaxd. written comments may be submitted to the Kalispell. Planning
Department at the above address, p or to the date of the heaning, or you may contact Sear
Conrad, Senior Planner at ) 751-1850 or e- afl him at sconrad(4'Z*a1i§Pe11.com for
additional information.
CERTIFICATION
APPLICANT. HOPE PREGNANCY CENTER
KCPD FILE NO: KCU- 6- 3
, the undersigned certify that I chid this date mail via First Class Mail a copy
of the attached notice to the following list of landovmers a oini the
property lines of the property that is requesting a conditional use permit.
F
3 ..
Date:
S-T-R: 1 -2 -2
Lot/Tracts Lots 9, 10, 11 � & 12., Block 12S - lispell Original
Property Owner/Mail Address:
Center Bible rch
902 - Ist Avenue East
Clair Beaver
Hope Pregnancy Center
9 - lat Avenue East
Mill, MT 59901
AND ATTACHED LIST
Central. Bible Church. Clair Beaver JAT Family Ltd Ptnsh
2 - Ist Avenue Bast PregnancyHope deter
P.O� �..� Avenue East� x 3
Kal.�.se, MT labs M' 59901
Bi�`o�r�, MTl�o�
Richard Thornton Robert 8& Catherine Bonham Douglas R. Elm
910-2ndAvenue East 844 - 2nd Avenue East 1005 - 1st Avenue East
Ka .is e ., MT 59901 KallspeU, MT 59901 Kalispell, MT 59901
William 8 Betty HuggIns, Jr. Leon Johnsrud Dolores 8& James HoUand
9 -- 1stIst Avenue Bast P.O. Box 806 9 9 19- I st Avenue East
Kalispell, MT 59901 Des Moines, IA 50301Kalispell,, MT 59901
Jennifer volt ert Rita. M. Nixon Elmer 8& Marie Martin
P.O. Box 3194 1023 - 1 t Avenue East 1.01 - 1 st Avenue East
Ralis eU, MT 59903-3194 Kalispell, MT 59901 Kalispell, MT 59901
Lief Nelson Michael 8 Lana Willis Scott E. Cu
Jenny Snor�-'l'l�.onnas �
.� �� Avenge fast 947 �- I� Avenue East P.O.���
92 Kalispell, MT 59901 Kalil eE MT 9903- 032
Ka hs ell, MT 59901
947 ' South Main Properties, LLC Janet Bec elhirner Ha. el Brian 8 Amanda Davey
947 South Mai. Street 92 - 1st Avenue East 1020 - 1st Avenue East
Kalispell, MT 59901 1 ahs ell, MT 59901 Kalispell, MT 59901
William8 Marguerite Rice Ellen Nelson colleen H.e-athWesle iror�al
1st Avenue East lot 1 South Main Street
Kahspell, MT 59901 Kalispell, MT 59901 P.O. Box 1
684
Whitefish, MT 59937-1684
Arthur M., Burch, r. Laura Rashid Robert Allison
Susan D. Burch 250 .� � � v Highland Drive 909 - 1 st Avenue e Bast
e East 35 e as Kalispell, MT 59901 Kalispell, MT 59901
Kalispell, MT 59901
Franz Barthel Eduardo Gutierrez- FallaEtal Del . Crawford.
Elaine Johnson 1001. South .fain Street � Crystal D. Krause
P.O. Box 3 Kalispell, M 9901 P.O. Box
8674
Kalispell, MT 59903-00 Kalispell, MT59904-1674
PhyllisGartner Faith Lacher Rev Inter Viva r City Clerk
1026 - t Avenue East . Woodlan Avenue City of Ka..ell
Kalispell, MT 59901 Kalispell, M' S9901 Kalispell, MT 59903-1997
Flathead County
BOO South Mam' Street
Kam., MT 59901
o. 10382
N TI B OF PUBLIC
HEAPING
ALISPELL CITY
PLANNING BOARD
AND ZONING
COMMISSION
April 11, 0
The regufar meeting of
the I aiispeil City Plan-
ning Board and Zoning
Commission is sched-
uled for Tuesday, April
11, 2006 beginning at
7.00 PM in the Kalispell
City Council Chambers,
Kalispell City Hall, 31
First Avenue Bast,Ka-
lispell. The planning
beard will Fold a public
hearing and take public
comments ort the follow-
ing agenda items_ The
Board will sake a rec-
ommendation to the Ka-
lispell City Council who
will take final action.
1. A request by Cen-
tral Bible Church for at-
onditionai Use Permit
for the Dope pregnancy
Center located at 940
I st Ave. East. The propw
erty is zoned -4 (Two
Family Residential) and
although the Hope
Pregnancy Center has
been operating for a
number of yews a con-
ditional use permit was
never issued to allow
the Center to operate in
-4 zoning district. The
Central Bible Church is
requesting the condi-
tional use permit to
bring the Dope Preg-
nancy Center into com-
pliance with the zoning
district. The Center pro-
vides counseling serv-
ices during normal busi-
ness hers for pregnant
women. The property is
legally described as
Lots 9, 10, 11 and 12of
Block 1, Kalispell
Original Townsite, locat-
ed with- Section 17,
Township 28 North,
Range 21 West. PIAM
Flathead County Monta-
na. --)
. A request by Robert
Voel er for a Zone
Change from P-1 Pub-
lic to B- (General
Business) and Planned
Unit Development
(P) overtay district on
a 3.4 acre lot. The re-
quested P D overlay
district would allow
Milton Garden Inn and
Conference Center to
exceed the maximum
building height of 40
feet in the B- (General
Business) zoning district
and place a casino with-
in the hotel/conference
center which is within
feet of a pity park.
pecificaliy, the owner
is requesting -he Motel
be ailo c_�c! ii !r.axdmum
t 1
rii�..tra i�}t+L_�i# w�i --� iv4�} 4 r�F l
'x00 square teet in
sire. be permitted within
the 117,000 square foot
hotel/conference center,
which is located within
300 feet of Lions Park.
The property is located
at 1840 Highway 93
South and can be de-
scribed as Assessors
Tract 16 in Section 20,
Township 28 North,
Range 22 West,
P. .11 , PiatheaCoun-
ty, Montana. l' P I -
-0 1
. A request by the
City of Kalispell to
amend Sections
7. 1 4 030 ,
7.1 5 0 3 )
-7.16 03 ,
27 . 17,030 and
7.1 .00(7) of the Ka-
lispell Zoning Ordi-
nance. The amendment
is intended to review the
00 foot setback for ca-
sinos from churches,
schools, parks, residen-
tial zones, and ether ca-
sinos. The current text
requires the 30 foot
setback for casinos from
churches, schools,
parks, residential zones,
and other casinos a
measured from property
line to property line.
The City is considering
amending the zoning
rode to maintain the re-
quirement for a condi-
tional use permit but ei-
ther decrease or elimi-
nate the 300 foot, set-
back requirement-
(KZTA-06-02)
Documents pertaining
to the agenda items are
can file for public inspec-
tion at the Kalispell
Planning Department,
17 Second Street East,
Suite 211, Kalispell, MT
59901, and are availa-
ble for public review
during regular office
hours.
Interested persons are
encouraged to attend
the hearing and make
their views and con-
cerns known to the
Board. Written com-
ments may be submit-
ted tc the Kalispell Plan-
ning Department at the
above address, prier to
the date of the hearing,
or you May contact
Bean Conrad, Senior
Planner at (6) 7 -
1 or e-mail hire at
sco n rats @ kal i s p e l i, oo
for additional informa-
tion.
/ / Sean Conrad
Bean Conrad
-Senior Planner
March 26.2 ,
STATE OF M NTANA
FLATHEAD COUNTY
AFFIDAVIT OF PUBLICATION
CHRIS INE SCRULDHEISS BEING DULY
SWORN, DEPOSES AND SAYS; THAT SHE IS THE
LEGAL CLERK OF THE RAILY INFER LAB
DAILY NEWSPAPER GENERAL CIRCULATION,
PRINTED AND PUBLISHED IN THE CITY OF
KALISPELL, IN THE COUNTY OF FLATHEAD,
STATE OF MONTAN ., AND THAT NO,1()162__
LEGAL ADVERTISMENT WAS
PRINTED AND PUBLISHED N THE REGULAR AND
ENTIRE ISSUE OF SAID PAPER, AND IN EACH AND
EVERY COPY THEREOF ON THE DATES OF
�,Jia r 2tP , azccv
A..,'�iD THE RATE CHARGED FOR THE ABOVE
PRINTING DOES NOT EXCEED THE TWJ.NTMUlV1
GOING RATE CHARGED TO A.€�]Y OTHER
ADVERTISER FOR THE SAME PUBLICATION,
SET IN THE SAME SIZE TYPE AND PUBLISHED
FOR THE SAME NUMBER OF INSERTIONS.
Subscribed and sworn to
Before me this (UkaY Zrl fO
Notary Public for the State of Montana
Residing in Kalispell
my c =issi expires 9/11/09
REQUIRED PAFNQNQ
GFRM -1 SPACE/400 &F.
SHARED AGREEIVIENT
GROSS R MOR AREA 20M +/- 9.F - 5 SPACF$
400
PARJaNG
6 PA RIGNG SP
1
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