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1. Conditional Use Permit - Day Care CenterTri-City Planning Office 17 Second Street East — Suite 211 Kalispell, .Montana 59901 Phone: (406) 758-1850 Fax: (406) 751-1858 tricity@centurytel.net www.tricityplanning-mt.com REPORT TO: Kalispell Mayor and City Council FROM: Narda A. Wilson, Senior Planner James H. Patrick, City Manager SUBJECT Conditional Use Permit - Flathead Hospital Development Co., LLC Day Care Center in an H-1, Health Care, Zoning District MEETING DATE: January 18, 2005 BACKGROUND: This is a request by Flathead Hospital Development Company LLC for a conditional use permit to operate a day care center in an H-1, Health Care, zoning district for up to 94 children. Day care centers are listed as a conditionally permitted use in the H-1 zoning district. The day care center would be located in an existing two story office building located at 66 Claremont Drive which is on the west side of Claremont Drive between Conway and Crestline. The facility would be open from 6:30 AM to 6:00 PM Monday through Friday and there would be eighteen employees. The day care would be operated for the employees of the Kalispell Regional Medical Center. The day care is proposed in an existing two story building that has about 8,000 square feet per level. The lower level of the building is occupied by the VA Clinic while the upper level of the building would be remodeled for the day care center. There is an existing access on the west side of Claremont Drive near the northern portion of the lot which would continue to be used. There is also an existing parking lot located on the site to the north and to the west of the existing building that contains 44 parking spaces. With a maximum anticipated enrollment of up to 94 children, that would generate a need for 16 spaces. Total parking requirements for the staff and children would be 34. Additionally, there is a requirement for the medical clinic which occupies the lower level of the building which consists of approximately 8,000 square feet. The parking requirement for medical offices is one space per 200 square feet. This generates a need for 40 parking spaces for the clinic. Total required parking spaces for the day care center and the VA clinic is 74 parking spaces with 44 spaces being provided within the existing parking lot, a deficit of 30 parking spaces will need to be met. There is an adjoining parking lot to the west of this site owned by the same property owner that was likely designated as the parking for this building when it was initially constructed although there does not appear to be a clear record of that within the building department records. Based upon that assumption and the need for parking at one space per 200 square feet of medical office space, it would have generated a need for an additional 38 parking spaces that would have been met within this area. The adjoining parking lot is developed with the exception of landscaping within the boulevard and the five percent landscaping requirement. The parking lot has 74 parking spaces that appear to be used as occasional parking for other offices in the Providing Community Planning Assistance To: • City of Kalispell • City of Whitefish • City of Columbia Falls • Conditional Use Permit for Flathead Hospital Development Co., LLC January 12, 2005 Page 2 immediate area. 30 spaces within the 74 space parking lot could be used for parking to meet the needs of the day care center. An easement should be filed with the property to indicate that the parking within this parking for the VA Clinic would be near the west building. The Kalispell City Planning Board met on January 11, 2005 and held a public hearing to consider the request. During the public hearing Don Williams with KRMC and Mareello Pierrottet with Northwest Health Care explained the proposal and parking arrangement. They noted the need for the six foot high fence rather than a 42 foot high fence for safety reasons. They also noted they had an easement for parking that would meet the necessary requirements. There was no one from the area who spoke in opposition to the proposal. The board discussed the proposal and made an amendment to the conditions of approval to allow a six foot high fence to be used in the front yard setback area because a lower fence could pose a safety issue. The planning board unanimously recommended approval of the conditional use permit to the city council subject to the conditions listed in Exhibit A in the attached to the transmittal letter. RECOMMENDATION: A motion to approve the conditional use permit subject to conditions would be in order. FISCAL EFFECTS: ALTERNATIVES: Respectfully submitted, Narda A. WAson Senior Planner None known. As suggested by the city council. Report compiled: January 12, 2005 c: Theresa White, Kalispell City Clerk r. 3, es H. Patrick City Manager Attachments: Transmittal letter Staff report #KCU-04-12 and application materials Draft minutes from 1 / 11 /05 planning board meeting TRANSMIT\KALLISPEL\2004,KPP04-12MEM© City of Kalispell P. O. Box 1997 rr-t._._-tt e r___ _.__ rnnnn Inn^ 1Ld1J��1G11, 1VlUIlL'Ail"c[ J7�iJJ-17i1 GRANT OF CONDITIONAL USE APPLICANT: Flathead Hospital Development Company, LLC 310 Sunnyview Lane Kalispell, MT 59901 LEGAL DESCRIPTION: Lot 4A of the Amended Plat of Lots 3 and 4 Highland Park Addition in Section 6, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana ZONE: Health Care, H-1 The applicant has applied to the City of Kalispell for a conditional use permit to operate a day care center in an existing building in the Health. Care, H-1, zoning district for up to 94 children. The center would be open from 6:30 am to 6:00 pm, and would be used for children of employees of Kalispell Regional Medical Center and would not be open to the public. The Kalispell City Planning Board and Zoning Commission, after due and proper notice, on January 11, 2005, held a public hearing on the application, took public comment and recommended that the application be approved subject to eight conditions. After reviewing the application, the record, the TCPO report, and after duly considering the matter, the City Council of the City of Kalispell, pursuant to the Kalispell Zoning Ordinance, hereby adopts Tri-City Planning Office, Conditional Use Report #KCU-04-12 as the Council's findings of fact, and issues and grants to the above -described real property a conditional use permit to operate a day care center in the Health Care, H-1, zoning district subject to the following conditions: The proposal will be developed in substantial conformance with the approved site plan and other application materials. That the conditions associated with this permit shall be met prior to use of the buildings. 2. The chain link fence surrounding the outdoor recreation area should be 42 inche5440 six feet in height and the existing mature vegetation along Claremont maintained. 3. The applicant shall apply for and receive a sign permit prior to installation of said sign. 4. The applicants consult with the Kalispell Fire Marshal and comply with any noted requirements prior to occupancy. S. That a crosswalk located between the parking lot to the east and the subject property in the Claremont Drive right of way shall be coordinated with the Kalispell Public Works Department. 6. That landscaping shall be placed within the boulevard between Claremont Drive and the parking lot that is proposed for additional parking. A landscaping plan shall be reviewed and approved by the Kalispell Parks and Recreation Department. That an easement be obtained to accommodate the required parking for the proposed facility that cannot be met on -site. An easement for the required parking shall be recorded at the Flathead County Clerk and Recorder's Office prior to occupancy. S. 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 1 Sth day of January" 2005, STATE OF MONTANA ss County of Flathead Pamela B. Kennedy Mayor On this _ day of , 2005 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 Residing at Kalispell, Montana My Commission Expires Tri-City Planning Office 17 Second Street East -Suite 211 Kalispell, Montana 59901 Phone: (406) 751-1850 Fax.: (406) 751-1858 tricity@centurytel.net January 12, 2005 James H. Patrick, City Manager City of Kalispell P.O. Box 1997 Kalispell, MT 59903 Re: Conditional Use Permit - Flathead Hospital Development Co., LLC Day Care Center in an H-1, Health Care, Zoning District Dear Jim: The Kalispell City Planning Board met on January 11, 2005 and held a public hearing to consider a request by Flathead Hospital Development Company LLC for a conditional use permit to operate a day care center in an H-1, Health Care, zoning district for up to 94 children. Day care centers are listed as a conditionally permitted use in the H- l zoning district. The facility is located at 66 Claremont Drive between Conway Drive and Crestline Avenue. It would be open from 6:30 AM to 6:00 PM Monday through Friday and there would be eighteen employees. The day care would be operated for the employees of the Kalispell Regional Medical Centex. Narda Wilson with the Tri-City Planning Office presented staff report KCU-04-12 and explained the day care would be using an existing building that has the VA Clinic on the lower level and the day care would go on the upper level. It would be accessed via an existing driveway from Claremont and there is parking available for the both uses on the site and in a parking lot to the east of the property. The staff recommended approval of the day care center subject to conditions. During the public hearing Don Williams and Marcello Pierrottet, representing the applicants, explained their proposal and asked that an amendment be made to the 42 inch height limit for the fence since a six foot high fence was needed for safety purposes. They noted there would be a 20 year easement agreement to accommodate the needed parking for the facility. They agreed with the conditions associated with the permit. No one else spoke either in favor or in opposition to the proposal. After the public hearing, the board discussed the proposal and agreed the six foot high fence would be warranted. The conditions were amended to allow for a six foot high fence and the planning board unanimously recommended approval of the conditional use permit to the city council subject to the conditions fasted in Exhibit A. Providing Community Planning Assistance To: • City of Kalispell • City of Columbia Falls • City of Whitefish • Conditional Use Permit - Flathead Hospital Development Companv, LLC January 12, 2005 Page 2 Please schedule this natter for the January 18, 2005 regular city council meeting. You may contact this board or Narda Wilson at the Tri--City Planning Office if you have any questions regarding this matter. Sincerely, Kalispell City Planning Board George zayl r President GT/ NW/ma Attachments: Exhibit A (Conditions of Approval.) Staff report KCU-04-12 and application materials Draft minutes 1/ 11/05 planning board meeting c w/ Att: Theresa White, Kalispell City Clerk c w/o Att: Flathead Hospital. Development Co., LLC, 310 Sunnyview Lane, Kalispell, MT 59901 T. Marcello Pierrottet, NW Health Care, 310 Sunnyview Lane, Kalispell, MT 59901 Nancy Greer, KRMC, 310 Sunnyview Lane, Kalispell, MT 59901 KALISPELL\TRANSMIT\2004\KCU04-12 FLATHEAD HOSPITAL Conditional Use Permit - Flathead Hospital Development Company, LLC January 12, 2005 Page 3 Exhibit A Flathead hospital Development Company, LLC Conditional Use Permit: Conditions of Approval Kalispell Planning Board and Zoning Commission January 11, 2005 The Kalispell City Planning Board and Zoning Commission is recommending the following conditions to the Kalispell City Council for the above referenced conditional use permit request. A public hearing was held on this matter at the January 11, 2005 planning board meeting: 1. The proposal will be developed in substantial conformance with the approved site plan and other application materials. That the conditions associated with this permit shall be met prior to use of the buildings. 2. The chain link fence surrounding the outdoor recreation area should be 4-2 inches: high six feet in height and the existing mature vegetation along Claremont maintained. 3. The applicant shall apply for and receive a sign permit prior to installation of said sign. 4. The applicants consult with the Kalispell Fire Marshal and comply with any noted requirements prior to occupancy. 3. That a crosswalk located between the parking lot to the cast and the subject property in the Claremont Drive right of way shall be coordinated with the Kalispell Public Works Department. 6. That landscaping shall be placed within the boulevard between Claremont Drive and the parking lot that is proposed for additional parking. A landscaping plan shall be reviewed and approved by the Kalispell Parks and Recreation Department. 7. That an easement be obtained to accommodate the required parking for the proposed facility that cannot be met on -site. An easement for the required parking shall be recorded at the Flathead County Clerk and Recorder's Office prior to occupancy. 8. 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. KALISPELL CITY PLANNING BOARD & ZONING COMMISSION MINUTES OF REGULAR MEETING JANUARY 11, 2005 CALL TO ORDER AND ROLL The regular meeting of the Kalispell City Planning Board and CALL Zoning Commission was tailed to order at 7:00 p.m. Board members present were: George Taylor, Jean. Johnson, Timothy Norton, John Hinchey, Rick Hull, Kari Gabriel and Bryan Schutt. Narda Wilson represented the Tri-City Planning Office. There were approximately 16 people in the audience. APPROVAL OF MINUTES Norton moved and Gabriel seconded to approve the minutes of the Kalispell City Planning Board and Zoning Commission regular meeting of December 14, 2004. The motion passed unanimously on a roll call vote. HEAR THE PUBLIC ! No one wished to speak. FLATHEAD HOSPITAL A request by Flathead Hospital Development Company, LLC DEVELOPMENT COMPANY, for a conditional use permit to allow a day care center in an LLC CONDITIONAL USE existing building in an H-1, Health Care zone, in the City of 3 PERMIT REQUEST Kalispell. STAFF REPORT Narda Wilson, with the Tri-City Planning Office, gave a KCU-04-12 presentation of Staff Report KCU-04-12, a request by Flathead Hospital Development Company, LLC for a conditional use permit to allow a day care center in an 1 existing building in an H-1, Health Care zone, in the City of Kalispell. Wilson showed a site plan and stated that KRMC provides day care for its employees; their current site is located on Conway Drive and they want to move to an existing building on the west side of Claremont Street between Conway and 3 ` Crestline in order to expand. She stated this is a two story office building with approximately 5000 square feet of space on each level; the lower level contains the VA clinic, and the upper level is proposed for the day care center. She said there is existing access from Claremont Street into the parking lot; there is a loop design and drop off area at the main entrance to the day care. Wilson said the access to the ! VA hospital on the lower level is at the west end of the parking lot. Wilson stated that up to 94 children will be enrolled at the l� day care and that arkin is an issue. She said there are 44 Kalispell Cite Planning Board \linutes of the mceiin2 of.lannan > 1. 3005 PaL,e l a 3 parking spaces on this property, and the VA clinic needs 40 of those spaces, based on a ratio of one parking space per 200 square feet; the day care will need approximately �34 parking spaces. Historically, the parking lot to the east has been used for this building as well, Wilson said the applicants are proposing 30 parking spaces in the lot across the street be designated for day care employee parking and patrons; there will be 18 employees of the day care. One of the conditions is that an easement for parking on the east lot be recorded and that a crosswalk be placed between the building and parking lot. Wilson also stated that a play area is proposed along the southeast corner of the lot (in the front yard setback), and the applicants have requested the fence be six feet in height. She said the six foot height does not comply with zoning regulations, which says that 42 inches is the maximum unless there is a safety concern. Wilson finished by stating that the landscaping on site is mature, and staff is not recommending that any additional landscaping be done, but the boulevard needs to be landscaped. She said there will be a small sign on the building, which will require a sign permit, and that the impacts of this project are minimal and will fill a primary need for day care for the hospital staff. She recommended the Board adopt the staff report and forward it to Council to Lyrant the CUP subiect to the eiLht listed conditions. QUESTIONS BY THE I Taylor asked if the duration of the easement would be tied to BOARD the day care. Wilson said it would and that some provision would need to be made if reverts to an office use in any event. She said the property owner may have purchased the parking lot in order to expand the building; and that parking will need to be provided regardless of building use. Norton clarified that the day care center was for hospital employees only and not for the general public. Wilson said it was for hospital employees first, and physicians' families next, and it is not for general public use. PUBLIC HEARING l The public hearing was opened to those who wished to speak on the issue. Kalispell C:itN Planning Board Minutes of the meeting ofJanuary l L 2005 Page ' of 3 APPLICANT/AGENCIES Don Williams, KRMC, gave some history on the building and stated that the VA clinic was not originally in the building, and it came in when the Dialysis Clinic left. He said the Dialysis Clinic only had a few patients, and did not need all of the parking. i T. Marcello Pierrottet, Facilities Manager, KRMC, stated that a 20 year easement for parking for the day care center was. drafted.. He said it was a dedicated easement and the lease will be extended if the day care stays, or revert back to the land owners if it leaves. He said they are willing to comply with all of the recommendations, but they are requesting a six foot fence for the children and it is a safety issue for them. He said they are willing to landscape the fence on the outside so it fits in with the area and they will be putting in a crosswalk and boulevard landscaping. PUBLIC COMMENT No one wished to speak and the public hearing was closed MOTION Norton moved and Hinchey seconded to adopt staff report KCU-04-12 as findings of fact and, based on these findings, recommend to the Kalispell City Council that a conditional use permit be granted to Flathead Hospital. Development � ! Company, LLC for a day care center in an H-1, Health Care C zone, subject to the eight listed conditions. BOARD DISCUSSION Norton read the portion of the staff report that stated the fence should be 42 inches and stated that it should be amended to six feet for safety reasons. MOTION (AMEND Norton moved and Johnson seconded that the fence height j CONDITION 2) i be amended to six feet for safety reasons. DISCUSSION Hull asked if the fence height was a traffic sight issue. Wilson said no, it is primarily an aesthetic issue. ROLL CALL (AMEND Amended Condition 2 passed unanimously on a roll call vote. CONDITION 2) ROLL CALL (MAIN MOTION) The mains motion passed unanimously on a roll call vote. E Kalispell City Planning Board MinUteS cif the incetini� ok 7anuary 11. 005 P1'2e 3 o i- 3 FLATHEAD HOSPITAL DEVELOPMENT COMPANY, LLC REQUEST FOR CONDITIONAL USE PERMIT TRI-CITY PLANNING OFFICE REPORT #KCU-04-12 JANUARY 4, 2005 This is a report to the Kalispell City Planning Board and Kalispell City Council regarding a request for a conditional use permit to operate a day care center in an H-1 zoning district. A public hearing to review this request has been scheduled before the planning board on January 11, 2005, in the Kalispell City Council Chambers. The planning board will forward a recommendation to the city council for final action. BACKGROUND INFORMATION: A. Petitioner/ Owner: Flathead Hospital Development Company, LL C 310 Sunnyview Lame Kalispell, MT 59901 (406) 752-1724 T. Marcella Pierrottet, Facilities Manager Northwest Health Care 310 Sunnyview Lane Kalispell, MT 59901 (406) 751-5766 Nancy Greer Kalispell Regional Medical Center 310 Sunnyview Lane Kalispell, MT 59901 (406) 751-5437 B. Size and Location: This parcel contains just over one acre and is 47,252 square feet and is located on the west side of Claremont Street between Conway Drive and Crestline Avenue near the hospital campus. The property a-4-3 -s` 66 " + Strc + d l i- -1 T + iA C +i-, Amended 7 liar LlElolll Li l.eL all Vd � Ue Ue l.r 13J[. 11 as 11 L 4 of L1le Ililiende�..�. Plat of Lots 3 and 4 Highland Park Addition in Section. 6, Township 28 North, Range 21 ,Vest, P.M.M, Flathead County, Montana. C. Summary € f Request: This is a request for a conditional use permit to operate a day care center in an H-1, Health Care, zoning district for up to 94 children in varying ages. Day care centers are listed as a conditionally permitted use in the H-1 zoning district. The Facility would be open from approximately 6:30 AM to 6:00 PM Monday through Friday and there would be eighteen employees. The day care would be operated primarily for the employees of the Xalispell Regional Medical Center. The applicant owns this property as well as the parking lot to the east and is affiliated with the Kalispell Regional Medical Center. The care center for the hospital employees currently operates in a facility to the west of this site off of Conway Drive and the new location will KCU-04-12 Flathead i ospitai Qev N . 1 -F afford them the opportunity for expansion. The center would benefit the employees of hospital specifically. There is currently a two story building on the property whose lower level is occupied by the VA clinic. The upper level is proposed for renovation and the day care use. The property is accessed via an existing driveway to an existing parking lot near the north end of the property. The parking lot is existing as is the landscaping and will not be significantly changed as a result of this proposed use with the exception of creating a fenced play area. The on -site parking for the VA clinic, a medical use, and the day care is not adequate to meet the requirements with 44 parking spaces. The property owner also owns the adjoining property to the west of this site that has an additional 74 parking spaces that can be used for overflow and employee parking. D. Existing Land Use and Zoning: This property currently has an existing two story building that was used for medical office purposes in the past. The existing VA clinic will continue to use the lower level of the building. The building contains approximately 8,000 square feet on each level for a total of approximately 16,000 square feet total. The property has a zoning designation of Health Care, H- I which lists day care center as a conditionally permitted use. Kalispell Zoning Ordinance (27.35.040) provides several criteria for the issuance of a CUP of this nature which have been made part of the recommended conditions of approval for this permit. E. Surrounding Zoning and Land Uses Zoning: This area is generally part of the medical campus associated with the hospital. All of the surrounding zoning is H-1, Health Care. North: Medical offices, H- I zoning East: Parking lot and medical offices, Hw- I zoning South: Buffalo Hill Terrace senior housing, H- I zoning West: Church and parking lot, H- I zoning F. Relation to the Growth Policy: The Kalispell Growth Policy 2020 recognizes this area as suitable for Urban Mixed Use development. This land use designation anticipates a mix of office, residential, and limited commercial uses 7 +L t i +a 7 l "u M-Ig 1.1; the neeueu support services. Day ware, day care centers, schools s and churches would be some of the support services anticipated in these areas within the community. The proposed project is in compliance with the land uses for this area and far hers the goals of t1he plan by providing an important need within the community. G. Utilities/Services: Sewer service: City of Kalispell Water service: City of Kalispell Solid. Waste: City of Kalis-Dell Gas: ?'northwest Energy Electric: Flathead Electric Cooperative Phone: CenturyTel KCU-04-12 F?atheaa Hospital Gev page 2 0* Police: City of Kalispell Fire: Kalispell Fire Department Schools: 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 structure and site appears to provide adequate space to accommodate the proposed use with regard to the number of children, parking, a recreation area and access. The site has adequate space to provide for landscaping and adequate circulation within the site. H-1 zoning allows for up to 45% of the lot to be occupied by the permitted structures. The existing buildings do not exceed this limit. b. Adequate Access: Access to the site is proposed by way of an existing private driveway to the north of the site off of Claremont Street. The existing driveway also provides access to the existing VA clinic that occupies the lower level of the building. Access to the site and for this use is good with a designated covered drop off area near the north of the building that provides a circular loop. The access and parking will not be modified to accommodate the new use with the building. The driveway is approximately 24 feet wide with a curb, gutter and sidewalk adjoining the roadway. The fire department has reviewed the access and finds it to be acceptable. C. Environmental Constraints: The site is gently level and generally fully developed. There are not slopes or other drainage related issues that would need to be addressed as part of this proposal. Z. Appropriateness of design: 4,� t „�-....,, . FI 7 7 7 Ordinance .. n'7 � nil n! \ a Parking and slue: Clrcu11c tio�a. 1�aLlspe a �onln� vruuiarlCervt�1 requires adequate parking as well as drop --off and pick-up areas for day care centers. The parking requirements for day care are one space per employee of which there are 18 plus one space for each child. With a maximum anticipated enrollment of up to 94 children, that would generate a need for 16 spaces. Total parking requirements for the staff and children would be 34. Additionally, there is a requirement for the medical clinic which occupies the lower level of the building which consists of approydniately 3,000 square feet. The parking requirements for medical offices is one space per 200 square feet. This generates a need for 40 parking spaces for the clinic. Total required parking spaces for the day care center and the %A clinic is 74 parking spaces with 44 spaces being provided =v-ithin the existing parking lot, a deficit of 30 parking spaces will need to be met. KCU-04-12 FlaThead Hosoitai Dev page 3 of 7 There is an adjoining parking lot to the west of this site owned by the same property owner that was likely designated as the parking for this building when it was initially constructed although there does not appear to be a clear record of that within the building department records. Based upon that assumption and the need for parking at one space per 200 square feet of medical office space, it would have generated a need for an additional 38 parking spaces that would have been met within this area. The adjoining parking lot is developed with the exception of landscaping within the boulevard and the five percent landscaping requirement. The parking lot has 74 parking spaces that appear to be used as occasional parking for other offices in the immediate area. 30 spaces within the 74 space parking lot could be used for parking to meet the needs of the day care center. An easement should be filed with the property to indicate that the parking within figs lot is reserved for the day care center prior to occupancy of the facility. Alternately, the church parking lot that lies to the west of this property is generally only occupied during week -end services. This would provide another alternative for meeting the parking requirements. In any event, there are available alternatives to address the parking deficit that exists on site with parking available to either the immediate east or west of the site. Traffic circulation within the site is generally good because there is a access to the rear of the parking lot that would generally serve the VA clinic as well as a circular drop off area near the north of the building that would generally serve the day care center. The driveway is well established with a curb and gutter and will not be modified as a result of this request. A crosswalk is proposed and encouraged to be placed between the parking lot to the east and the site within the Claremont Drive right of way. The crosswalk shall be coordinated with the Kalispell Public Works Department. The access, traffic circulation and parking appears to be adequate to accommodate the existing and proposed use for the property. ,pen Space: i�o sp�CuiC open space rE'�jiilrelizin�� Lxlsa in e zoning regulations for a development of this type other than a provision for fencing a recreation area, if provided. The zoning requirements for the setbacks and lot coverage have been met. There is adequate space on the site to accommodate landscaping and the proposed parking areas. Kalispell Zoning Ordinance (27.35.040(3)) suggests the outdoor play area be located to the rear of the property. The application proposes to locate the outdoor play area in the front of the lot or along the southeast portion of the site where there is some existing landscaping. The applicants are proposing fencing this area with a six foot high fence which exceeds the fence height limitations in the front yard areas. Fencing would need to be limited to 42 feet in height unless otherwise approved by the zoning administrator and his finding that this use is considered quasi public use and the higher fence height would be KCU-04- 12 I=iathead Hospital Cev Page 4 o, 7 3. needed for safety purposes. C. Fencing/ Screening./ Landscaping: The property is nicely landscaped with mature landscaping around the property which creates a buffer between this property and the surrounding properties. No additional screening or landscaping is proposed or appears to be necessary. The application states that a six foot high fence is proposed near the southeast corner of the site. However there is a height limit of 42 inches on fences located within the front vard setback unless the use can be determined by the zoning administrator to be public or quasi -public in nature and necessary for safety purposes. Landscaping for the parking lot to the east of this site is generally non-existent. The Kalispell Site. Development Review Committee is recommending that landscaping be placed within the boulevard to the west adjoining; this parking lot that is consistant with a plan that has been reviewed and approved by the Kalispell Parks and Recreation Director. d. Signs: The application states that a sign is proposed but no specifics regarding size or placement has been provided, but that it trill be in compliance with the Kalispell Zoning Ordinance. The zoning allows one sign, 16 square feet in size, per street front. A permit for the sign would be required. Availability of Public Services/ Facilities: a. Schools: This site is within School District #5. No impact is associated with the proposed day care center. b. Parks and Recreation: There are parks within close proximity to the site but none within walking distance for small children. Impacts to the parks are anticipated to be minimal. C. Police: Police protection will be provided by the Kalispell Police Department. No unusual impacts or needs are anticipated from the proposed facility. Flry Protection: Fire protection ,kdll provided by +� K 14sp '1 F Iu u L de d Cul V ed a' ire Department. No unusual impacts are anticipated from the proposed use, however the fire department will need to approve the facility for compliance vi..t the lire code requirements prior to occupancy. e. Water and sewer: Water and server 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 haste pick-up will be provided by the City. Existing enclosures will be utilized in accordance with City requirements. Space exists to meet an- necessmry requirements for this use. KCU-04-12 Flathead ;saitai Dev ',afire .. o g. Streets: Traffic generation from the development is estimated at approximately 100 daily additional trips, based on estimates for this type of use from the Institute of Transportation Engineers trip generation manual. A drop-off and pick-up area can be provided along the north side of the building and within the site. 4. Neighborhood impacts: Impacts of the proposal are not anticipated to be dissimilar to other property uses in the immediate neighborhood. Traffic generation for a day care center would be higher than the office uses, but with peak times being in the morning and again in the afternoon or evening. 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. As of this writing, staff has received no comments from neighbors on the proposal. S. Consideration of historical use patterns and recent changes: The proposal is compatible with the immediate area, where a mix of uses is anticipated and encouraged. This is in an area at the edge of the city's residential area and part of the main hospital campus. The zoning is H-1, Health Care, and the growth policy anticipates this kind of development in the area. The proximity of this site to health and commercial services makes this a good location of 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-04-12 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 and other application materials. That the conditions associated with this permit shall be met prior to use of the buildings. 2. The chain link fence surrounding the outdoor recreation, area should be 42 inches high and the existing mature vegetation along Crestline maintained. The applicant shall apply for and receive a sign permit prier to installation of said sign. 4. The applicants consult with the Kalispell Fire Marshal and comply with any noted requirements prior to occupancy. KCU-04-12 Flathead HasDitai Derr dace 6 of . S. That a crosswalk located between the parking lot to the east and the subject property in the Claremont Drive right of way shall be coordinated with the Kalispell Public Works Department. 6. That landscaping shall be placed within the boulevard between Claremont Drive and the parking lot that is proposed for additional parking. A landscaping plan shall be reviewed and approved by the Kalispell Parks and Recreation Department. 7. That an easement be obtained to accommodate the required parking for the proposed facility that cannot be met on -site. An easement for the required parking shall be recorded at the Flathead County Clerk and Recorder's Office prior to occupancy. 8. 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. nw KCU-04-12 Flathead Hosoital rev rage I i:T t December 6, 2004 Application for Conditional Use Permit City of Kalispell Legal Description: Amended Plat of Lots 3 and 4, Highland Park 2'd Addition, Lot 4A, T28N, R21 W, PMM. Response to Item 3 from Application for Conditional Use Permit as follows: a_ Traffic flow and control. Traffic flow at Claremont Avenue will peak at morning and afternoon rush hours due to children drop --off and pick up at the Day Care. The majority of the children will be dropped off between 0630 and 0900 hours and will be picked up between 1600 and 1800 hours_ Traffic flow into the VA Clinic will remain the same. There are thirty parking spaces off of Claremont Avenue, directly east of the site, specifically dedicated for the use of the Day Care employees and any overflow required, see attached Site Plan, Sheet A002. A cross walk will be proposed on Claremont Avenue to connect the off -site parking with the proposed Day Care. b. Access to and circulation within the property. Access to site is to remain the same as with previous users_ One drive way will serve the VA Clinic at the Lower Level and the Day Care at the Main Level. A drop off point is dedicated for the Day Care at the Main Level off of the shared drive with direct access to their Main Entrance. ,See attached Site Plan, .Sheet A002. c. Off-street parking and loading. No off-street parking is included in the parking count or considered in this application. No change in loading patterns is expected. Designated areas to remain on an existing fifty -foot curb cut at the southeast corner of the site off of Claremont venue end at the southwest comer Ui L11i ilU11i1111✓_ Ai d. Refuse and ,service areas. No change of refuse and service areas are expected. Services are to remain at the south, southwest end of the building. e. Utilities. No change to utilities is expected. Services are to remain at south end of the site_ f Screening and buffering. There will be a six-foot chain link fence installed at the east yard of the building enclosing the children's Playground. "I0 u_ to c:zic5�c'11, j'JC'72tttt a S-9W ! - 0h.TS-2 4 -_ele?:shone . 3r;.2'7_ ',.4 December 6, 2004 Page 2 of 2 g. Signs, yards and other open spaces. Existing signage will be replaced with new indicating use of building and will meet the City of Kalispell's Sign Ordinances. The sign will be relocated and coordinated with the placement of the fencing_ Exact location to be determined. The east yard will be modified to accommodate the new Playground space. Landscape will be trimmed and thinned to suit the children's needs. h. Height, bulk and location of structures. No change to existing building foot print configuration is proposed_ Extent of construction work is to be interior remodel and installation of new windows to meet egress requirements. s T nr�linn nP nrnn"CoA nnnn cnnrw nenc No new open spaces are proposed. j. Hours and manner of operation. The proposed hours of operation will be from 0634 to 19330. See item 'Y above for peak hours of traffic flow. k. Noise, light, dust, odors, fumes and vibration. No change of any of the above mentioned items is expected with the exception of noise from children in the Playground. The current Day Care is located in the Lower Level of the Rocky Mountain Heart and Lang wilding at 202 Conway Drive_ To be able to better serve the needs of Kalispell Regional Medical Center, the Day Care is proposing this relocation to its remodeled facility at 66 Claremont .Avenue_ If you have further questions regarding this matter, please do not hesitate to contact me. Sincerely, T. Marcello Pierrottet, R.A. Facilities Manager tmp enclosure: Sheet A002 (30" x 42" ) cc: Charles T. Pearce, Teti Hirsch, Nancy Greer, Kay Bourns 1 N WIRC P.I. Sorenson ! City of Kalispell ji 05ti3Zxlrf�'���v ASTLE LAW FIRM 705 MA€N STREET KAL.IS€'ELL, MONTANA 59901 WILLIAM E. ASTLE ATTORNEY AND COUNSELOR A-i LAW January 10, 2005 VIA HAND DELIVERY Jim Oliverson, Vice -President of Community Relations Northwest Healthcare Corporation Attn: Renee Berner 310 Sunny View Lane Kalispell, Montana 59901 Re: Kid Care - Conditional Use Permit Dear Renee: TELEPHONE f40V 752-7393 FAX (4W 257-3268 Referencing the above -captioned matter, and at the direction of Jim Oliverson by telephone this date, please find enclosed a revised on final Easement from Flathead Hospital Development Company, LLC, to Applied Health Services for the off-street oarkin.q soaces for the "Kid Care" day care center, Which limits the Easement to the twenty (20) year lease period and any renewals thereof. I trust, if anyone has any questions, they will not hesitate to give me a call. Verytruly yours, ASTLE LAW/FIRM William/E. Astle WEA/Ico Enc: as stated EASEMENT WHEREAS, the undersigned, Flathead Hospital Development Company, LLC, hereinafter Grantor, is the owner of a tract of land in Flathead County, Montana, more particularly described as: Lot 4A of Amended Lots 3-4 of Highland Park Addition No. 2, in Section 6, Township 28 North, Range 21 West, Principal Meridian, Flathead County, Montana, hereinafter referred to as Parcel "A", as more particularly shown on Exhibit "A", attached hereto and by this reference incorporated herein. WHEREAS, the Grantor is also the owner of a tract of land in Flathead County, Montana, more particularly described as: A tract of land, situated, lying and being in Government Lot 14, in Section 6, Township 28 North, Range 21 West, Principal Meridian, Flathead County, Montana, hereinafter referred to as Parcel "B", as more particularly shown on Exhibit "A", attached hereto and by this reference incorporated herein. WHEREAS, the Grantor as Lessor has entered into a twenty (20) year Lease of Parcel "A" with Applied Health Services, a Montana for profit corporation, as the Lessee, which is a subsidiary of Northwest Healthcare Corporation, a non-profit health care corporation; and, WHEREAS, Applied Health Services, as the Lessee of said Parcel "A", intends, during said twenty (20) year lease period, to operate a child day care center known as "Kid Care"; and, WHEREAS, there are insufficient off street parking spaces on said Parcel "A" that is being leased to Applied Health Services by Flathead Hospital Development Company, LLC. EASEMENT Pagel NOW, THEREFORE, Flathead Hospital Development Company, LLC, grants an easement to Applied Health Services for thirty (30) off street parking spaces on said Parcel "B". Said parking spaces are dedicated for the sole and exclusive parking use of the day care center to be operated by Applied Health Services on Parcel "A" for said twenty (20) year lease period. This easement shall remain in full force and effect, binding on the Grantor and its assigns, for as long as Applied Health Services is leasing the Parcel "A" property as a day care center; and, after said twenty (20) year lease period, and in the event there is no lease renewal, Applied Health Services agrees to release said Easement; and, provided further that this easement can only be released/terminated with the written consent of the City of Kalispell. DATED this 11 tAday of January, 2005. FLATHEAD ROSPITAL DEVELOPMENT COMPANY, LLC By: - ' . Van Kirke N Ison, MD STATE OF MONTANA ) ss. County of Flathead ) On this !tday of January, 2005, before me, the undersigned, a Notary Public for the State of Vlontana,.person ly appeared Van Kirke Nelson, MD, known to me to be the � _ of the corporation that executed the foregoing instrument on behalf of said corporation, and acknowledged to me that he executed the same. 6W" 't4 , W-rrd (Seal) Notary Pu lic for the State of Montana Residing at: _� �— My Commission ex ices:—.604m v� � EASEMENT Page 2 66 CLAREMONT 44 TOTAL PARKING ` I FC-,ALyESGRI PTi — OF _LOT: -- LOT 4A OF AMENDED LOTS 3-4 OF HIGHLAND PARK A©PITION NO. 2 IN SEGTION b, T28N, IR2IK 1 _Ec-3AL LESGRIPTIOK OF L©" A TRACT OF LANP, SITUATE) ANP 13EIN6 IN C-OVERNMENT SECTION b, TCJHNSHIP 2.5 NO RANGE 21 HEST, P.M.M., FLAT GOUNTY, MONTANA AVENUE E KD KA E fENMATKM -- WE PLM )Date: 12/07/04 NORTHWEST sue: 1' - W-cr �"t HEALTHCARE Reference Na.: A€02 EXHIBIT Flathead Hospital Development Company, L.L.C. Memorandum of Understanding January 11, 2005 Flathead Hospital Development Company is the owner of record of two parcels of land described in Exhibit A (12/7/04 — Kid Kare renovation site plan) and presently has a long-term lease with Applied Health Services (AHS), a for -profit arm of Kalispell Regional Medical Center (KRMC) for the facility located at 66 Claremont Street and presently awaiting renovation for a proposed day care center. The Zoning Administrator for the City of Kalispell requests availability of thirty (30) additional parking spaces before granting a building permit. Additional adjacent parking is available that meets the need at two (2) sites. 4n the west side of the subject property (East Haven Baptist Church) and under contract to KRMC but not yet available for occupancy and Tract 1 on the east side of subject property, a parcel presently existing as a parking lot, and providing seventy-four (74) parking spaces. For the benefit of the project, Flathead Hospital Development Company, LLC (FHDC) will lease the portion of Tract 1 containing the necessary thirty (30) parking spaces to AHS for the day care center for the same period with renewal options as exists in present contract between the FHDC and ARS and at the cost to AHS, as exists in the current parking space rental agreement between HealthCenter Northwest and KRMC. Parties to this memorandum may with a 90-day written notice withdraw from the agreement subject to provision of the required thirty (30) additional spaces and with the consent of the Zoning Administrator of the City of Kalispell. f, Van Kirke Melson Charles T. Pearce of yantars� w;rdirg a# Kzrs�sedt, "ln s;t' Td 310 Sunnyview Lane Kalispell, MT 59901 P: 406.752.1724 F: 406.756.2703 City of Kalispell Zoning Administrator 248 3`a Avenue Fast —Kalispell- MT 59901 — Telephone (4064 758-7732 — Fax (406) 758-7739 MEMORANDUM TO: NARDA WILS€)N, CITE" PLANNER FROM: PJ SORENSEN, ZONING ADMINISTRATOR DATE: iDECEMBER 30, 2004 RE: JANL ARY PLANNING BOA" Kid Kare --Off--site parking will need to be addressed per the provisions of the zoning ordinance. --Fence height in the front setback area (20 feet) is limited to 42 inches. Mountain Vista --The designation of `duplex'' should be two -unit townhouse, and the text does not include any commercial use although one commercial lot is included in the application. --The filling of the gravel pit should be coordinated with the City with the appropriate testing performed and documented- --The developer should consider moving some of the higher density lots away from the northern boundary, particularly Quarter Morse Estates, to create a buffer between existing low density developments. -- �xlnexation of the adjacent right-of-ways should be addressed, with the possible annexation of Three Mile Drive to the city limits. --Designating the properm, as R-, (rather than. R-2) for the underlying, zoningy should be considered: (l) itie proposed setbacks match the R but not the R-2. (2} Over 60% of the proposed leis do not meet either the minimum lot width or size requirements (or both) for the R-2 zone. but all of the lots meet the R-3 minimum size and almost rail rzneet the R-, minimum width. With a few small adjustments. all ofthe lots :.could meet the width requirement. (3) The maximum permissible lot coverage. as well as minimum lot widths for irregular 113LS, iIl'dV C7C C.S1111C;Llll to me et L1111iG1 the ice•^:. ii5 Ul11iU3.11g tiG13111LJ ctiC 16J1[e s. 111C i\.^-3 C.CJlti vVVl11U allow greater flexibility. (4) Under possible interpretations, the density limits for an R-2 underlvinq zone may be exceeded by this proposal_ While the density limit for the R-2 zone are not exceeded based on gross acres (the ordinance does not specify gross or net}, under Section 27 2� 1.�the commercial area is excluded. Therefore, the argument could be raised that the density limit is based on net, not gross acreage. Further buttressing that argument is the fact that the minimum lot size in an R-2 zone is 9600 sq ft. The maximum density per acre (43,560 sq .Lt) is 5 units. Five multiplied by minimtun lot size equals 4$,000 sq ft., so calculation based on net acreage is more in line (although still more dense) with the underlying zone. A designation of R-3 makes this argument dissolve since the proposal would satisfy a calculation based on either gross or net acreage. SITE DEVELOPMENT REVIEW CONLMITTEE SI, IIlVL�RY Thursday, December 23, 2004 Building Department Conference Room. W0111009104% Mike Baker, Parks & Rec. Director Frank Castles, Asst_ City Engineer Jeff Clawson, Plans Examiner Gary Hoes, Building Inspector Craig Kerzman, Building Official Jennifer Reese, Recreation Supervisor Andrew Sorensen, Civil E,nzineer P. J. Sorensen, Zoning Administrator, Chair Jinn Stewart; Fire Marshal Sandy Wheeler, Comm. Dev. Mgr. Narda Wilson, 3CPO Planner Kathy Kuhlin. Recording Secretary Guests: Jim. Losleben, 'Mth Losleben Construction Performance Bond Reminders: Nothing new. OLD BUSINESS: Glacier Village Greens Community Clubhouse —There are now ?3 parking spaces including those along the access road. They will need to combine the lots together. Jirn S. said the proposed ;lire hydrant location looks like it will work. The site layout also looks good, but Jim will measure it out to be sure. No sidewalks will be .required per the City Council. The building location and the parking were discussed. The condition to combine the two lots together is agreed to by the committee, so we will need the deed to do that and also finish up on the fire and building approval. Otherwise approved. NEW BUSINESS: Planning Board Agenda Items - -- Kid Kare -- Revised s;te plan w-a5 aho'v`v`n zur iiaterzcir remodel. The parking is the only issue. The parking is presently across the street. We could require them to use; designate the lot across the street for employee parking and designate the parking near the building for daycare drop off. We could also request a cross waik be put in for th��}}e parking across the street. Mike would like some Landscaping on the boulevard ofClll�ieuiii[i�. -- Mountain Vista Estates — 50 acres, 171 lot subdivision with detached single- family houses and two -unit townhouses. Jim S. will talk to Chief Brodehl about the ororosed fire station on this site. There is an existing-, arav,el oft. They will need to work -with the building department on liouv they will tlil Elie pit as thc-v need to ase Ingrneered till. Their records of the nion.toni—, an testis g need to be submitted. There is a rprilediation clan. Discussion was field refgarding annexation of Three Mile Drive to Farm to' Market Road. The committee wants some direction from the Cite Council on this. utilities are in there. The bike and pedestrian path is in the easement. BPA easement is shown as a homeowner's park. It is not as functional as a park. Mike would like to request they have native grasses growing there. They need to make improvements to the park area, including irrigation, a picnic area; and grass planted. They will need to confirm with the PBA requirements and work with them. The homeowner's park needs to be completed. We need a landscaping drawing with tree species identified and their location with an approval letter. They have 1 z acres for the park. We recommend a connection to the property to the north. Under the BPA easement and along the lots; there must be a 30 ft wide strip where vegetation is kept to 8 inches or less for fire purposes. Only non-combustible fencing on BPA easement. Discussion ryas field as to leaving a bike path in the BPA easement. Concerns for the safety of people Using a bike path at this location were voiced. Concerns .for garbage, grass clippings, etc. PJ noted the benefits of making this R-3 instead of R-2. utility and drainage areas. We could require that after the utility work is completed, the survey pins should be reestablished. Everyone that has Y..15­- ..LC_ _t__ .i_I a �Y__ IT__. 1_ T!_ t:UiI1r11GilLslsL'lggesC1il11J legalUili-- U11b p14JJCUL J)IWU.IU e-111ai1 Lli7111 Lo 1Var(1a. Mlle meter pits will all be outside. OTHER DISCUSSION: .Juvenile Detention Center — Just for information — they have submitted an application for a permit to do some remodeling inside. Northland Subdivision -- Final Plat Phase I — uTill go to Council on the 3`d. We need to put In the Development Agreement that Public Works certifies that all their improvements have been completed. Muskrat Slough — is almost completed. Flathead Fitness and Wellness Center is opening the ?' week of January. r ar. T v "" IP ,.A , y t�,� r Q , ...,11 A f +_ia� _v.*, �.ii of Day ie — iu� v �siid a vy Lo use as a shei cr, They will nceu so ccun vvull N arda. The meeting was adjourned at 11:30 a.m. Cc: Ponce City Manaaer Bldg Fire 3CP0 Parks Comm. Dev. 1 C[� 1 �Pubiic���Torl-'s jY nO ,�L EXIST. L rill' OLE K WAY DELON- "IERIOR MECH. I '- I �I P cL'l..5 1IER F. 'r SPACE1 I I I LOWER LEVEL R JFC Nr OMP2E550R I OCATIC�N r TELEPHONE Box 208 &41 17 23. !4. I.. 5. Ex15T. LICA-IT POLE---_, EXIST. LIGHT POLE 4, 24. 3. VA CLINIC 1. J6. PARKING - ,,V"A LINI6 MA f�71E " R "t) Mi - LOWER LEVEL v LOT 4A OF AMENDED LOTS 3-4 OF HIGHLAND PARK ADDITION NO 2 IN SECTION b, T25N, R21K rb' HIGH CHAIN LINK FENCED PLAY AREA — - ="E-llTlLIlU 5 BACK LINE I Z -PRIVATE DRIVEWAY EXIST. RETAINING k&J-1- 15. AY GARS M. 7ROp OF Lor 5 12� 11. DAY CARE a. PARKING 8. T. UZ 2. 3. IDLAREMONT AVENUE H, 1 a 1 12. 1 ". 1 10. 1 4. 1 &. I '. I ('. 1 5. 1 4, 1 a. 1 2. 1 L LEQA.. DE Ip'j ION of 45 T, ADDITIONAL OA'r to 0 A TRACT OF LAND, SITUATE, LYING AND GARE PARKIN3, a BEING IN GOVERNMENT LOT 14, SECTION AREA z 6, TOWNSHIP 26 NORTH, RANGE 2' WEST, PARKINS LOT, -4 PM.H, FLATHEAD COUNTY, MONTANA 14 SPACES. "n C r 41, @ 65. --- p a 44. ttj 63. 45. 62. ry 46. 34. 41. KID KARE RENOVATIONS SITE PLAN Date: 12/07/04 R A *LHORTHWEST Scaia. I, =30'-0, 5N.UrIffiv. Reference No.: A002