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2. Conditional Use Permit - Immanuel Lutheran CorporationTri-City Planning Office 17 Second Street .East — Suite 211 Kalispell, Montana 59901 Phone: (406) 758-1850 Fax: (406) 751-1858 tricity@centurytel.net www.tricitypianning-mt.com REPORT TO: Kalispell Mayor and City Council FROM: Narda A. Wilson, Senior Planner Jaynes H. Patrick, City Manager SUBJECT Immanuel Lutheran Corporation Conditional Use Permit MEETING DATE: March i, 2005 BACKGROUND: This is a request by Immanuel Lutheran Corporation for a conditional use permit to expand an existing day care center in an H-1, Health Care, zoning district by converting an existing garage to accommodate 12 additional children. The existing day care accommodates 24 children and with the expansion will accommodate up to 36 children between the ages of infant to six years. Day care centers are listed as a conditionally permitted use in the H-1 zoning district. The facility would be open from 6:45 AM to 6:00 PM Monday through Friday and there would be eight employees. The day care would be operated by Immanuel Lutheran who owns the single family residence in which the day care center is operated. The center would primarily benefit the employees of Immanuel Lutheran, but would also be open to the general public when space is available. The property is accessed via a one way paved driveway from the north between this property and Buffalo Hill Terrace that is approximately 15 to 20 feet wide off of Claremont Drive. An existing paved area west of the garage would be developed into a parking area while also utilizing existing paved parking to the north on Buffalo Hill Terrace property. A circular drop off area will also be developed in front of the house. Traffic would exit back out onto Claremont and Mission Street would be blocked. Staff recommended approval of the permit subject to conditions. The Kalispell City Planning Board met on February 8, 2005 and held a public hearing to consider the request. During the public hearing Carol Cockrell, Director of Buffalo Hill Terrace and representative of Immanuel Lutheran Corporation noted they provide quality day care and want to meet a need within the community. The intergenerational aspect of the program makes it especially rewarding for everyone involved. She stated they know what they need to do to be in compliance with the conditions. No one else spoke in favor or in opposition. After the public hearing, the planning board voted to unanimously recommend approval of the conditional use permit to the city council subject to the conditions listed in Exhibit A of the attached transmittal letter. Providing Community Planning Assistance To: City of Kalispell • City of Whitefish • City of Columbia Falls Immanuel Lutheran Corporation Conditional Use Permit February 24, 2003 Page 2 RECOMMENDATION: A motion to approve the conditional use permit subject to conditions would be in order. FISCAL EFFECTS: ALTERNATIVES: Respectfully submitted, Narda A.�Wi son Senior Planner Minor positive impacts once fully developed. As suggested by the city council. Report compiled: February 24, 2005 c: Theresa White, Kalispell City Clerk ames H. Patrick City Manager Attachments: Transmittal letter Staff report #KCU-05-2 and application materials Draft minutes from 2/8/05 planning board meeting TRANSMIT\ KALISPEL. 2005 \ KPP05-2 MEMO City of Kalispell P. O. Box 1997 Kalispell, Montana 59903-1997 GRANT OF CONDITIONAL USE APPLICANT: Immanuel Lutheran Corporation 185 Crestline Avenue Kalispell, MT 59901 LEGAL DESCRIPTION: Tract 6I and Tract A of Highland Park Addition in Section 7, Township 28 North, Range 21 West, P.M.M., flathead County, Montana ZONE: Health Care, H-I The applicant has applied to the City of Kalispell for a conditional use permit to expand an existing day care center in the Health Care, H-1, zoning district from 24 to 36 children. The applicants would like to remodel an existing garage to accommodate an additional 12 children. The center would be open from 6:45 am to 6.00 pm, and would be primarily for children of employees of Immanuel Lutheran, but would also be open to the public when space is available. The Kalispell City Planning Board and Zoning Commission, after due and proper notice, on February 8, 2005, held 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 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-05-2 as the Council's findings of fact, and issues and grants to the above -described real property a conditional use permit to expand an existing 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 the use of the buildings. 2. The applicants comply with all building and fire codes prior to occupancy of the building. 3. The applicant be required to expand the roadway into a 24 foot width with two way traffic and to block access to Mission Street using a breakaway fence or similar device. 4. The conditional use permit is valid for a period of IS months from the slate 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 7th day of March, 2004. 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 tricityCiv t rytel.net February 24, 2005 James H. Patrick, City Manager City of Kalispell P.O. Box 1997 Kalispell, MT 59903 Re: Immanuel Lutheran Corporation Conditional Use Permit Dear Jim: The Kalispell City Planning Board met on February 8, 2005 and held a public hearing to consider a request by Immanuel Lutheran Corporation for a conditional use permit to expand an existing day care center in an H-1, Health Care, zoning district by converting an existing garage to accommodate 12 additional children. The existing day care accommodates 24 children and with the expansion will accommodate up to 36 children between the ages of infant to six years. Day care centers are listed as a conditionally permitted use in the H-1 zoning district. The facility would be opera. from 6:45 AM to 6:00 PM Monday through Friday and there would be eight employees. The day care would be operated by Immanuel Lutheran who owns the single family residence in which the day care center is operated. The center would primarily benefit the employees of Immanuel Lutheran, but would also be open to the general public when space is available. Narda Wilson with the Tri-City Planning Office presented staff report KCU-05--2 and noted that the property would be accessed via a one way paved driveway from the north between this property and Buffalo Hill Terrace that is approximately 15 to 20 feet wide off of Claremont Drive. An existing paved area west of the garage would be developed into a parking area while also utilizing existing paved parking to the north on Buffalo Hill Terrace property. A circular drop off area will also be, developed in .front of the house. Traffic would exit back out onto Claremont and Mission Street would be blocked. Staff recommended approval of the permit subject to conditions. During the public hearing Carol Cockrell, Director of Buffalo Hill Terrace and representative of Immanuel Lutheran Corporation noted they provide quality day care and want to meet a need within the community. The intergenerational aspect of the program makes it especially rewarding for everyone involved. She stated they know what they need to do to be in compliance with the conditions. No one else spoke in favor or in opposition. After the public hearing, the planning board voted to unanimously recommend approval of the conditional use permit to the city council subject to the conditions listed in Exhibit A. Providing Community Planning Assistance To: • City of Kalispell = City of Columbia Falls = City of Whitefish = Immanuel Lutheran Corporation Conditional Use Permit February 24, 2005 Page 2 Please schedule this matter for the March 7, 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. OT/NW/ma Attachments: Exhibit A (Conditions of Approval) Staff report KCU-05-2 and application materials Draft minutes 2/8/05 planning board meeting c w/ Att: Theresa White, Kalispell City Clerk c w/o Att: Immanuel Lutheran Corp., Attn: Carol Cockrell, 185 Crestline Ave., Kalispell, MT 59901 KALISPELL\TRANSMJT j2005�KCU05-2IMMANUEL.DOC Immanuel Lutheran Corporation Conditional Use Permit February 24, 2005 Page 3 EXHIBIT A IMMANUEL LUTHERAN CONDITIONS OF APPROVAL AS RECOMMENDED BY THE KALISPELL CITY PLANNING BOARD FEBRUARY 8, 2005 The Kalispell City Planning Board 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 February 8, 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 applicants comply with all building and fire codes prior to occupancy of the building. 3. The applicants be required to expand the roadway into a 24 foot width with two way traffic and to block access to Mission Street using a breakaway fence or similar device. 4. The conditional use permit is valid for a period of 18 months from the date of authorization after which time if the commencement of activities has not occurred the permit shall be void. A continuous, good faith effort to design the building, obtain financing and other activities shall be considered a commencement. IMMANUEL LUTHERAN CORP REQUEST FOR CONDITIONAL USE PERMIT TRI-CITY PLANNING OFFICE REPORT #KCU-05-2 JANUARY 31, 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 February 8, 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: Immanuel Lutheran. Corporation 185 Crestline Avenue Kalispell, MT 59901 (406) 752-9622 Carol Cockrell Buffalo Hill Terrace 40 Claremont St. Kalispell, MT 59901 (406)752-9624 B. Size and Location: This parcel contains approximately 1.403 acres and is located on the west side of Claremont Street, northeast of US Highway 93. The property address is 200 Mission Street and can be described as Tract 61 and Tract A of Highland Park Addn in Section 7, Township 28 North, Range 21 West, P.M.M, Flathead County, Montana. C. Summary of 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 36 to 40 children from the ages of infant to six years. Day care centers are listed as a conditionally permitted use in the H-1 zoning district. The facility would be open from. 6:45 AM to 6:00 PM Monday through Friday and there would be six to eight employees. The day care would be operated by Immanuel Lutheran who owns the single family residence and detached garage. The day care would be operated in the single family residence and the garage remodeled to accommodate an additional day care area. Currently the day care center is operated from the residence to the north of the garage that will be used for the expansion. The conditional use permit will afford them the opportunity for expansion by remodeling the approximately 30 by 22 foot garage. The center would benefit the employees of Immanuel Lutheran, but would also be open to the general public when space is available. The property would be accessed via a paved one way driveway from the north that is approximately 15 to 20 feet wide. An existing unpaved area to the west of the garage would be developed into a parking area for the facility as well as a turn around drop off area to the west of the residence. There is also parking KCU-05-2 Immanuel Lutheran Corp Page 1 of 6 available off -site in the Buffalo Hill Terrace property where there is excess parking available. This parking lot is within easy walking distance and is paved. D. Existing Land Use and Zoning: This property currently has an existing single-family residence with detached garage that would be used for the expansion of the existing day care. The property has a zoning designation of Health Care, H-I which lists day care centers 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 single- family residential in character south of Crestline Avenue with health care uses to the north and east, and US highway 93 to the south and west. This site provides a transition area between the more intensive uses located within the H-1 zone to the north, and the R-3 zone to the south. North: Buffalo Hill Terrace senior housing, H-1 zoning East: US 93 and proposed multi -family, RA-3 zoning South: Single family residential, H- I zoning West: US Highway 93, R-3 zoning F. Relation to the Growth Policy: The Kalispell Growth Policy 2020 recognizes this area as suitable for Urban Residential development. Anticipated density would be between. 3 to 12 dwelling units per acre along with the needed support services. Day care, day care centers, schools and churches would be some of the support services anticipated in residential areas within the community. The proposed project is in compliance with the land uses for this area and furthers the goals of the plan by providing an important need within the community. G. Utilities/Services: Sewer service: City of Kalispell Water service: City of Kalispell Solid Waste: City of Kalispell Gas: Northwest Energy Electric: Flathead Electric Cooperative Phone: CenturyTel Police: City of Kalispell Fire: Kalispell Fire Department Schools: School District #5, Kalispell KCU-05-2 Immanuel Lutheran Corp Page 2 of 6 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 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 meet or 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 Avenue. The existing private driveway also provides access to Buffalo bill Terrace apartments and the existing day care to the north of this residence. This access would be developed to provide for two-way traffic and will need to be widened in certain places. Traffic would enter the parking lot from the south with one way circulation, exit the parking lot going east back onto Claremont Drive, a paved street with curb and gutter. The existing private driveway is approximately 15 to 20 feet wide and is paved. The fire department will need to approve the access to the site. c. Environmental Constraints: The site is gently sloping, and no floodplain, surface water or wetlands are on the site. The grade in the parking lot area is slight and does not appear to pose significant challenges to upgrading and paving. A drainage plan will need to be developed and approved by the Kalispell Public Works Department to handle any potential runoff from the parking lot. No other significant environmental constraints are apparent on the property. 2. Appropriateness of design: a. Parking and site circulation: Kalispell Zoning Ordinance 27.35.040(2) requires one space per teacher or employee plus one loading space per six students. A maximum of two drop-off spaces may be provided on the street. The applicant is proposing to provide nine parking spaces that includes a handicapped parking space south of the existing garage and will develop a circular drop off area that can accommodate three vehicles for a total of 11 parking and drop off spaces. Additional parking can be accommodated at the Buffalo Hill Terrace facility immediately to the north on the west side of the building that is within easy walking distance. This parking will provide enough to accommodate the employees / teachers for the 36 to 40 children as well as the required drop off area. KCU-65-2 Immanuel Lutheran Corp Page 3 of 6 3. Traffic circulation within the site is generally adequate provided the two way access is developed and the drop off area in front of the building is widened and developed as proposed. Overall there appears to be more than adequate parking for the facility and its employees and the access will likely tend to function adequately. b. Open Space: No specific open space requirements exist in the zoning regulations for a development of this type other than a provision for fencing a recreation area, if provided. The zoning requirements for most 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. Currently on the east side of the home, a pre-existing pool has been filled and the area has been fenced that provides an excellent play area for the children that is safe, interesting and close to the facility. There is existing mature landscaping further to the east of the play area that appears to be at least six feet high. This play area would appear to function adequately. C. Fencing/ Screening/Landscaping: The property is nicely landscaped with mature landscaping along the south of the perimeter of property that creates a buffer between Claremont Drive and the home. The zoning ordinance states that a six-foot high fence may be required around the outdoor recreation. area. The area is currently adequately fenced an no other fencing or screening appear needed or warranted. d. Signs: There is a day care entrance sign near the Buffalo Hill Terrace private drive that leads to the day care that currently exists. No additional signage is proposed. 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. d. Fire Protection.: Fire protection will be provided by the Kalispell Fire Department. No unusual impacts are anticipated from the proposed use, however the fire department will need to approve the site access and location of hydrants prior to occupancy e. Water and sewer: Water and sewer are available to the existing dwelling and the proposed use will use a similar amount of services. Water and KCU-05-2 Immanuel Lutheran Corp Page 4 of 6 sewer services can be provided by the City of Kalispell without any significant impacts to capacity. f. Solid Waste: Solid waste pick-up will be provided by the City. Existing enclosures will be utilized in accordance with City requirements. Space exists to meet any necessary requirements for this use. g. Streets: Traffic generation from the development is estimated at 30 average daily trips, based on estimates for housing in the Institute of Transportation Engineers Trip Generation Manual. A drop-off and pick- up area can be provided along Mission Way and within the site. 4. Neighborhood Impacts: Impacts of the proposal are not anticipated to be significant to the immediate neighborhood. Traffic generation for a day care center would be .higher than the average residence. However, this location is not zoned residentially. 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. 5. Consideration of historical use patterns and recent changes: The proposal is compatible with the immediate area, where a mix of uses and housing types is anticipated and encouraged. This is in an area at the edge of the city's residential area. 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 an acceptable location of this type of development. 5. 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-44-10 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 peri it shall be met prior to use of the buildings. 2. The applicant comply with all building and fire codes prior to occupancy of the building. KCU-05-2 Immanuel Lutheran Corp Page 5 of 6 3. The applicant be required to expand the roadway into a 24 foot width with two way traffic and to block access to Mission Street using a breakaway fence or similar device. 4. The conditional use permit is valid for a period of 18 months from the date of authorization after which time if the commencement of activities has not occurred the permit shall be void. A continuous, good faith effort to design the building, obtain financing and other activities shall be considered a commencement. nw KCU-05-2 Immanuel Lutheran Corp Page 6 of 6 Buffalo Hill Terrace 40 Claremont Street, Kalispell, Montana 59901 Parr of the tip maned Lutheran Corporation January 3, 2005 Dear Kalispell Planning Board and City Council, Immanuel Lutheran Corporation is requesting a conditional use permit from the city of Kalispell for our existing Day Care for children, infant through six years of age and eight staff. The Day Care has been open for 3 years in a house next door and to the south of Buffalo Hill Terrace. On the site is a detached garage that is 30' by 22' for a total of 660 sq feet. The garage will be remodeled to provide Day Care space for 10 to 12 more children. The additional space will accommodate increased demand and .fill a critical need in the community for quality, affordable childcare. The Day Care benefits the employees of hnmanuel but childcare is availabie to others in the community as well. The need for infant care is especially critical. The entrance to the Day Care is from the north by way of the Buffalo Hill Terrace driveway. Employees will be able to park at Buffalo Hill Terrace as well as at designated areas on site. In the winter, staff maintenance will maintain the parking and access areas with salt, sand and snow removal as needed. Enclosed is the application for the Conditional Use Permit. Thank you for your consideration. Sincerely, Carol Cockrell Director Buffalo Hill Terrace _?;lttc.1lo HH1 T("..ra(-,e. 0f FJX s4()6) 1tlli72il[ lel Lutheran Home (40f3 i -t (53 2 SITE DEVELOPMENT REVIEW COMMITTEE SUMMARY Thursday, January 27, 2005 Building Department Conference Room ATTENDING: Mike Baker, Parks & Rec. Director Jeff Clawson, Plans Examiner Craig Kerzman, Building Official Jennifer Reese, Recreation Supervisor P. J. Sorensen, Zoning Administrator, Chair Sandy Wheeler, Comm. Dev. Mgr. Kathy Kuhlin, Recording Secretary Frank Castles, Asst. City Engineer Tom Jentz, Director, 3CPO Roger Krauss, Asst. Police Chief Andrew Sorensen, Civil Engineer Tim Stewart, Fire Marshal Narda Wilson, 3CPO Planner Guests: Carol Cockrell from Immanuel Lutheran Home and Day Care Performance Band Reminders: Spring Creek Development; Stratford Village Subdivision Phase I and II; Ashley Park Phase V; Meadow Creek Subdivision; Village Greens Phases 15 and 16; Buffalo Stage Professional Park -Letter of Credit expires March 31; Stratford Village Phase 3; Tri-Star Communications which has already been sent to City Attorney Charlie Harball; and Distillery Square Landscaping. We need to make sure to provide at least 60 days from the completion date to the date that the bond expires. OLD BUSINESS: Planning Board Items --- -- Immanuel Lutheran Day Care — Speculation about the open area behind the day care to be used as a common parking area for long range needs was discussed with Carol. She stated that they may do an assisted living site down the road., but are presently only looking at expansion of the garage. The existing road is only 14' wide, but the Fire Department is okay with that as preexisting, as well as the hydrant locations. Public Works needs to know the drainage will be retained on site. They will need 44' of width (rather than 34') for a parking space and two-way driving aisle. They will have an asphalt turn -around that can count for some of the parking/drop off space needs. -- Ray of hope -- Last week there was concern that the building size does not hold what their operation wants to do. There are six bedrooms and two bathrooms. A condition to have no outside storage or outside sleeping will be added. Everything needs to be kept inside of the building. The capacity issue was discussed. Jeff will do some research as to limits for dormitories or congregate residence. He will need a floor plan showing where the retail is going to be and the dimensions of the rooms. Changing them from R-3 to R-2 would allow annual fire inspections. --Domestic Abuse Shelter — This has been narrowly defined for domestic abuse r�ntimn rn�tr Y A V lii1FJ VFiF� . NEW BUSINESS: Air Works — 294-2'd Avenue W.N. — remodel existing building. They are considering moving into the Kalispell Cleaners which is B-3 and doesn't allow HVAC. They need to resolve the use issue before moving forward. OTHER DISCUSSION: Southfield Office Park — They have asked to add internal stop signs to their own site to help slow traffic down. The committee approved their request. Walgreens — Mike has some landscaping concerns. The Building Department will get the plans for him to review after the meeting. The meeting was adjourned at 10:40 a.m. cc: Police City Manager Bldg Fire 3CP0 Parks Comm. Dev. Public Works F"CAOA MDOT SITE DEVELOPMENT REVIEW COMMITTEE SUMMARY Thursday, January 20, 2005 Building Department Conference Room. ATTENDING: Frank Castles, Asst. City Engineer Jeff Clawson, Plans Examiner Craig Kerzman, Building Official Andrew Sorensen, Civil Engineer P. J. Sorensen, Zoning Administrator, Chair Sandy Wheeler, Comm. Dev. Mgr. Narda Wilson, 3CPO Planner Kathy Kuhlin, Recording Secretary Guests: Jinn. Atkinson, Flathead County Agency on Aging Performance Bond Reminders: Nothing new. OLD BUSINESS: Kid Kare Day Care Center — 66 Claremont — Taken to Council last Tuesday night. The fence is six feet high. If the use is classified as a public or quasi- public institution because they are associated with the hospital, they would be allowed to have a 6 ft high fence in the front setback rather than the 42" fence that is otherwise allowed. The committee is comfortable with this as a quasi --public use. They are calling for a chain link fence. Condition that they maintain the clear vision triangle and make sure the fence is not blocked off. Traffic vision at the corner must be maintained. The crosswalk will need to be coordinated with Fred Zavodny in Public Works. This has not yet been approved by the Fire Department. The parking easement will need to be recorded Approved for permit pending Fire Department approval. NEW BUSINESS: Planning Board Items --- -- Immanuel Lutheran Day Care — Expanding the house by converting the garage to accommodate 12 additional children for a total of 36 children. They will need to pave the road by Buffalo Hills Terrace for 24' for two-way traffic. Get Fire Marshal approval on this. Can't use Mission for access. They will have off site parking at the Buffalo Hill Terrace. Narda suggested that everyone go up and look at the site. Their access will need to come from Claremont. They may need an emergency access for the Fire Department. PJ suggested they develop some parking to share with all three buildings. This will be on the agenda for next week. -- Ray of Hope Shelter — 5* Avenue West — existing single-family residence — B-2 zoning. This is a shelter for people in crisis. Their access is off of First and off the alley. Many conditions will need to be added regarding compliance with parking, Building Code, Fire Code, no tents, and no exterior sleeping facilities. Certain specifics depend in part upon the retail component of the use. Open space parking needs to remain unoccupied. Narda will work on some language for conditions/ limitations and bring them back for next week. -- Domestic Abuse Victims Shelter — Developing a text amendment to define a shelter/safe house for victims of domestic abuse. Asking Planning Board to allow that use in all of the zoning districts as a permitted use because of the anonymity issue. Could put under administrative permitted use category and then they would have to go before Site Review and health and safety issues can be addressed, but would have to go before site review anyway as a change of use to non-SFR/duplex. OTHER DISCUSSION: Montana Tile = They brought in a Letter of Credit for some of the landscaping in the front. Utility Service/Certificate of Occupancy— Putting a flow restrictor on the water during construction that would be removed following the issuance of the Certificate of Occupancy. The meeting was adjourned at 11:05 a.m. cc: Police City Manager Bldg Fire 3CPO Parks Comm. Dev. Public Works FCAOA MDOT Tri-City Planning Office 17 Second St East, Suite 211 Kalispell, MT 59901 Phone: (406) 751-1850 Fax: (406) 751-1858 APPLICATION FOR CONDITIONAL USE PERMIT CITY OF KALISPELL PROPOSED USE: OWNER(S) OF RECORD: Name : Mailing Address: $ S r srt t n e.. Q-� v e.. City/State/Zip: Mi S �t a Phone: S 2 - ` L 2- PERSONS) AUTHORIZED TO REPRESENT THE OWNER(S) AND TO WHOM ALL CORRESPONDENCE IS TO BE SENT: Name: � r \-\ Mailing Address: L4 0 o 6: rt City/ State/Zip: IN. Ll�.l Z� P p it WT -S� 9 t�� Phone: --7 S).. - 9 G 2 LEGAL DESCRIPTION OF PROPERTY (Refer to Property Records): Street Sec. Town- Range Address: �Z O © No. "7 ship a a No. �2 i Subdivision Tract Lot Block Name: No(s).ty_�: No(s)_ No. 5 1, Zoning District and Zoning Classification in which use is proposed: 2. Attach a plan of the affected lot which identifies the following items: a. Surrounding land uses. b. Dimensions and shape of lot. C. Topographic features of lot. d. Size(s) and location(s) of existing buildings e. Size(s) and location(s) of proposed buildings. f. Existing use(s) of structures and open areas. g. Proposed use(s) of structures and open areas. h. Existing and proposed landscaping and fencing. 3. On a separate sheet of paper, discuss the following topics relative to the proposed use: a. Traffic flow and control. b. Access to and circulation within the property. C. Off-street parking and loading. d. Refuse and service areas. e. utilities. f. Screening and buffering. g. Signs, yards and other open spaces. h. Height, bulk and location of structures. i. Location of proposed open space uses. j. Hours and manner of operation. k. Noise, light, dust, odors, fumes and vibration. 4. Attach supplemental information for proposed uses that have additional requirements (consult Planner) . 1 hereby certify under penalty of perjury and the laws of the State of Montana that the information submitted herein, on all other submitted forms, documents, plans or any other information submitted as a part of this application, to be true, complete, and accurate to the best of my knowledge. Should any information or representation submitted in connection with this application be incorrect or untrue, 1 understand that any approval based thereon may be rescinded, and other appropriate action taken. The signing of this application signifies approval for the Tri-City Planning staff to be present on the property for routine monitoring and inspection during the approval and development process. Applicant Signature 1) Date ` -t a. Traffic will enter and exit to the Day Care from Claremont Street through Buffalo Hill Terrace private drive. b. Access is by private drive to Day Care driveway and parking area. c. Off street parking and loading is available for 12 cars. d. Refuse and service areas are available at the site, e, No change with utilities to house. For the garage remodel sewer will be added to existing mainline tap. Heat will be free standing natural gas. Water line will be connected to existing service. Electricity exists. f. From Highway 93, Claremont Street and to the south the Day Care is screened by evergreen trees. g. There is Day Care signage at the entrance to Buffalo Hill Terrace private drive and at the driveway entrance to the Day Care. h. The Day Care is located in a one story house with a detached double car garage that will be remodeled for child care. i. Use of open space will be the existing lot. J. Hours of operation are 6:45 am to 6.00 pm Monday through Friday. k. Noise — sounds of little children; lights — no additional lighting is planned; dust - the road is paved; odors and fumes — do not anticipate any significant change to the air quality; vibration — children Jumping up and down. RE: Ryder 200 TN%sian St Kalispell Unproved H-1_Zoned Site PLAT MAP NE %4 1VW %4 �F M I� 1 I RVt rs OF REccR0 ti 14 7 28 m s -TT' T 7 PLOT DATE: 1/4/05 TCPO - 2005 Zone Change, Variance, Conditional Use, PUD, Annexation & Zoning CERTIFICATION APPLICANT: IMMANUEL LUTHERAN CORPORATION TCPO FILE NO: KCU-05W2 I, the undersigned, certify that I did this date mail a copy of the attached notice to the following list of landowners within 150 feet of the property lines of the property that is the subject of the application. Date:' S Immanuel Lutheran Corporation 185 Crestline Avenue Kalispell, MT 5990 Carol Cockrell 40 Claremont Street Kalispell, MT 59901 AND ATTACHED LIST IMMANUEL LUTHERAN CORP. HORTON, ANDREW & DELLA CLAUSEN, KIM 185 CRESTLINE DR. 631 UNDERHILL CRT 114 CRESTLINE KALISPELL, MT 59901 KALISPELL, MT 59901 KALISPELL, MT 59901 DEROV, VADIM & TATYANA PO BOX 2987 COLUMBIA FALLS, MT 59912 MC CLARTY TRUST, PATRICIA PO BOX 413 KALISPELL, MT 59903 JELLISON, JOAN 116 CRESTLINE KALISPELL, MT 59901 MALONE LIVING TRUST, BETTY JO 627 UNDERHILL CT KALISPELL, MT 59901 IMMANUEL LUTHERAN CORD CALAWAY BROTHERS LLC RYDER, ALICE 365 RIVER -BEND CRESTLINE AVE BIGFORK, MT 59911 KALISPELL, MT 59901 BRESNAN COMM. LLC TELEPROMPTER CORP I MANHATTANVILLE RD PURCHASE, NY 10577 CAROL COCKRELL 40 CLAREMONT ST KALISPELL, MT 59901 CITY OF KALISPELL PO BOX 1997 KALISPELL, MT 59903 OLSEN, JERRY & LORRAINE 2434 MT HIGHWAY 35 KALISPELL, MT 59901 ROBINSON, KEITH 1303 4TH ST W KALISPELL, MT 59901 WYMAN, JANET 507 W ARIZONA KALISPELL, MT 59901 MARY COCHRANN 120 CRESTLINE AVE KALISPELL, MT 59901 Tri-City Punning Office 17 Second Street East - Suite 211 Kalispell, Montana 59901 Phone: (406) 751-1850 Fax: (406) 751-1858 tricit a;.centu el.net www.tricityplanning-mt.com You are being sent this notice because you are a property owner within 150 feet of the proposed project noted below and will be most directly affected by its development. You have an opportunity to present your comments and concerns at the meeting noted below. You may contact this office for additional information. NOTICE OF PUBLIC HEARING KALISPELL CITY PLANNING BOARD AND ZONING COMMISSION The regular meeting of the Kalispell City Planning Board and Zoning Commission is scheduled for Tuesday, February 8, 2005 beginning at 7:00 PM in the Kalispell City Council Chambers, Kalispell City Hall, 312 First Avenue East, Kalispell. The planning board will hold a public hearing and take public comments on the following agenda items. The Board will make a recommendation to the Kalispell City Council who will take final action. 1. A request by Immanuel Lutheran Corporation for a conditional use permit to alloy a day care center at 200 Mission Street in an existing building for approximately 36 children. The property is zoned H-1, a Health Care district which lists day care centers as a conditionally permitted use. The property can be described as Highland Park Addition Tract A, Block 5 and Tract 61 in Section 6, Township 28 North, Range 21 West, P.M.M_, Flathead County, Montana. 2. A request by Ray of Hope for a conditional use permit to allow a shelter at 46 Fifth Avenue West in an existing single family dwelling. The property is zoned B-2, General Business, which lists shelters as a conditionally permitted use. The property can be described as Lot 6, Block 159 Kalispell Addition No. 1 in Section 18, Township 28 North, Range 21 West, RM.M., Flathead County, Montana. 3. A request by the City of Kalispell for an amendment to the Kalispell Zoning Ordinance to develop and include a definition for battered women's shelters and other victims of domestic to include them in various zoning districts. Documents pertaining to these agenda items are on file for public inspection at the Tri--City Planning Office, 17 Second Street East, Suite 211, Kalispell, MT 59901, and are available for public review during regular office hours. Providing Community Planning Assistance ';<.'o: City of Columbia Falls -- City of Kaiis-sell a City of Whitefish Kalispell Planning Board public hearing notice Page 2 Interested persons are encouraged to attend the hearing and make their views and concerns known to the Board. Written comments may be submitted to the Tri-City Planning Office at the above address, prior to the date of the hearing, or you may contact Narda Wilson, Senior Planner at (406) 751-1850 or e-mail at tricitynarda�centurvtel.net for additional information. Sincerely, Narda A. Wilson Senior Planner LE GALS\ KALISPELL\ 2 004\113PHNOTICE. OC No. 8996 r NOTICE OF PUBLIC HEARING KALISPELL CITY _ PLANNING BOARD AND ZONING COMMISSION February 8, 2005 The regular meeting of .the Kalispell City Plan - ling Board and Zoning Commission is sched- '61ed for Tuesday, Feb- -htary 8, 2005 beginning at 7:00 PM in the Kalis- pell City Council Cham- tiers, Kaospeil City Hail, 312 First Avenue East, Kalispell. The planning .hoard will hold a public Clearing and take public comments on the follow- ing agenda item. The Board will Ifldkt3 a reC- ommendation to the Ka- lispell City Council who will take final action. e; 1. A request by Irnma- nuel Lutheran Corpora- tion for a cond4jonal use permit to allow a day care center at 200 Mis- sion Street in an exist- ing building for approxi- mately 36 children. The property is zoned H-1, a Health Care district which lists day care centers as a conditional- ly permitted use. The property can be descri- bed as Highland Park Addition Tract A, Block 5 and Tract 61 in Section 6, Township 26 North, Range 21 West, P.M.M., Flathead Coun- ty, Montana. 2- A request it' Fiat' of Hope for a conditional stye permit to allow a shelter at 46 Fifth Ave- nue West in an existing single family dwelling. The property is zoned B-2, General Business, which fists shelters as a conditionally permitted use. The property can be described as Lot 6, Block 159 Kalispell Ad- dition No. 1 in Section 18. Township 28 North, Mange 21 `Nest, P.M.M., Flathead Coun- ty, Montana. 3. A request by the City of Kalispell for an amendment to the Kaiis- peli Zoning Ordinance to develop and include a definition for battered women's shelters and other victims of domes- tic to include them in various zoning districts. Documents pertaining to this agenda item are on file for public inspec- tion at the Tri-City Plan- ning Office, IT Second Street East, Suite 211, Kadispell, MT 59901, and are available for public. review during regular office hours. interestedpersonsare encouraged to attend the hearing and make. their views and, con- cerns known to'; the. Hoard. Written o.crm- ments may be submit- ted to the Tri-City PhF3;n- ning Office at the above address, prior to the data of the hearing, or you may contact Narda Wilson, Senior Planner at (406) 751-1850 or e- mail her at tricitynarda Ccentu rytei. net for additional infor- mation. lsi Thomas R_ Jentz/nw Thomas R. Jentz Planning Director January 23, 2005. STATE OF MONTANA FLATHEAD COUNTY AFFIDAVIT OF PUBLICATION CBRIS SCHL7LDHEISS BEING DULY SWORN, DEPOSES AND SAYS: THAT SHE IS THE LEGAL CLERK OF THE DAILY INTER LAKE A DAILY NEWSPAPER OF GENERAL CIRCULATION, PRINTED AND PUBLISHED IN THE CITY OF KALISPELL, IN THE COUNTY OF FLATHEAD, STATE OF MONTANA, AND THAT NO 8996 LEGAL ADVERTISiMIENT WAS PRINTED AND PUB LISBED IN THE REGULAR AND ENTIRE ISSUE OF SAID PAPER, AND IN EACH AND EVERY COPY THEREOF ON THE DATES OF JAN 23, 2005 AND THE RATE CHARGED FOR THE ABOVE PRINTING DOES NOT EXCEED THE MINIMUM GOING RATE CHARGED TO .ANY OTHER ADVERTISER FOR THE SAME PUBLICATION, SET IN THE SAME SIZE TYPE AND PUBLISHED FO , THE SAME NUMBER OF INSERTIONS. r"'. 4 :., Subscribed and sworn to Before me this AD JAN 24, 2005A Notary Public for the State of Montana Residing in Kalispell My Commission expires 9/ 11 /05