05. Flathead Industries Group Home - Conditional Use PermitAgenda -April 28, 1997
AGENDA ITEM 5 - FLATHEAD INDUSTRIES GROUP HOME -CONDITIONAL USE
PERMIT
BACKGROUND/CONSIDERATION: I have reviewed and enclosed for your
information the City and County Planning Board Minutes and
recommendations for this request.
RECOMMENDATION: Since the minutes are comprehensive and include
the relevant facts concerning the request, I will not write an
additional narrative for this item. My review of the board's
action leads me to concur with their findings and recommendations
to grant the permit with the conditions outlined in the minutes.
ACTION REQUIRED: The action required to approve (or disapprove) is
a simple MOTION.
City of Kalispell
P. O. Box 1997
Kalispell, Montana 59903-1997
GRANT OF CONDITIONAL USE
APPLICANT: Flathead Industries
P.O. Box 1916
Kalispell, MT 59901
J. Constenius Architects, Ltd.
210 Parkhill Drive
Whitefish, MT 59937
LEGAL DESCRIPTION: The construction of a group home on the
southwest corner of First Street West and
Third Avenue West, containing two city lots
which have a total of approximately 14,200
square feet, and described as Lots 1 and 2,
Block 49, Kalispell Original in Section 18,
Township 28 North, Range 21 West, P.M.M.,
Flathead County Montana.
OWNER: Flathead Industries
210 Parkhill Drive
Kalispell, MT 59901
ZONE: Residential Apartment, RA-2
The applicants have applied to the City of' Kalispell for a
conditional use permit to allow the construction of an eight
bedroom group home to accommodate a maximum of eight adults with
developmental disabilities. The facility will be a one story
building with approximately 3,393 square feet.
The Kalispell City -County Planning Board and Zoning
Commission, after due and proper notice, on April 8, 1997, held a
public hearing on the application, took public comment and
recommended that the application be approved subject to three
conditions.
j:\wp\cup.grouphome 1
After reviewing the application, the record, the FRDO report,
and after duly considering the matter, the City Council of the City
of Kalispell, pursuant to the Kalispell Zoning Ordinance, hereby
adopts Flathead Regional Development Office, Conditional Use Report
#KCU-97-2 as the Council's findings of fact, and issues and grants
to the above -described real property a conditional use permit to
allow the construction of a group home in the RA-2, Residential
Apartment zoning district subject to the following conditions:
SEG TS0N_I .
1. That the proposal will be developed in substantial
conformance with the approved site plan and the Kalispell
Zoning Ordinance.
2. That the property owners obtain an approach permit from
the Kalispell Public Works Department for the new
driveway along First Street West.
3. That a covenant be recorded with the property which
states that the development has been specifically
approved for a community residential facility and any
change in use may require additional on -site parking and
would require the review and written approval by the City
of Kalispell.
SEAT-ONL.=..I..._
The conditional use permit, herein granted, shall terminate 18
months from the date of issuance if commencement of the
authorized activity has not begun.
Dated this day of
STATE OF MONTANA )
: ss
County of Flathead )
j:\wp\cup.grouphome 2
1997.
Douglas D. Rauthe, Mayor
On this day of , 1997 before me, a
Notary Pubic, personally appeared Douglas D. Rauthe, 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 he
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
j:\wp\cup.grouphome 3
Flathead Regional Development Office
723 5th Avenue East - Room 414
Kalispell, Montana 59901
Phone: (406) 758-5980
Fax: (406) 758-5781
April 17, 1997
Clarence Krepps, City Manager
City of Kalispell
P.O. Box 1997
Kalispell, MT 59903
Re: Conditional Use Permit for Flathead Industries Group Home
Dear Clarence:
The Kalispell City -County Planning Board held a public hearing at their regular
meeting of April 8, 1997, at 7:00 PM in the Kalispell City Council Chambers. During
that meeting they considered a request by Flathead Industries for a conditional use
permit to allow the construction of a group home to accommodate a maximum of eight
adults with developmental disabilities. The property proposed for development
contains two city lots and is located on the southwest corner of First Street West and
Third Avenue West in an RA-2, Residential Apartment, zoning district.
Narda Wilson of the Flathead Regional Development Office presented a staff report and
described the proposal. She noted that the site currently contains two deteriorating
houses, and that this is a prime area for redevelopment. She recommended approval
of the project subject to four conditions.
Two representatives for Flathead Industries spoke in favor of the proposal and stated
that this would benefit the neighborhood as well as the individuals scheduled for
residency. They cited their past success in integrating group homes into other
neighborhoods. An individual next door to the group home on 7th Avenue West voiced
his concerns about drainage problems they had experienced. He stated he had
difficulty finding someone at Flathead Industries to address the problem.
The Planning Board agreed the proposed project would improve the neighborhood and
noted Flathead Industries' success with other similar projects. A motion to adopt the
findings of fact in report #KCU-97-2 was passed on a 7-0 vote with a recommendation
for approval of the conditional use permit subject to four conditions as listed in
attached Exhibit A.
Please schedule this matter for the April 28, 1997 City Council work session and
subsequent May 5, 1997 regular meeting. Please contact this board or Narda Wilson at
Providing Community Planning Assistance To:
• Flathead County • City of Columbia Falls • City of Kalispell • City of Whitefish •
Flathead Industries Conditional Use Permit
April 17, 1997
Page 2
the Flathead Regional Development Office if you have any questions regarding this
matter.
Sincerely,
KALIS LL CITY -COUNTY PLANNING BOARD AND ZONING COMMISSION .6_x�
Therese Fox Hash, President
TFH/NW/eo
Attachments: Exhibit A
FRDO Report #KCU-97-2 and packet
Draft Minutes for the 4/8/97 PB meeting
c: w/o Att: Flathead Industries, PO Box 1916, Kalispell, MT 59901
J. Constenius Architects., 210 Parkhill Dr., Whitefish, MT 59937
Debbie Gifford, Kalispell City Clerk
H: \... \TRANSMIT\KALISPELL\ 1997 \KCU97-2
EXHIBIT A
FLATHEAD INDUSTRIAL GROUP HOME
CONDITIONAL USE PERMIT #KCU-97-2
CONDITIONS OF APPROVAL AS RECOMMENDED BY
KALISPELL CITY -COUNTY PLANNING BOARD AND ZONING COMMISSION
APRIL 8, 1997
1. That the proposal will be developed in substantial conformance with
the approved site plan and the Kalispell Zoning Ordinance.
2. That the property owners obtain an approach permit from the Kalispell
Public Works Department for the new driveway along First Street West.
3. That a covenant be recorded with the property which states that the
development has been specifically approved for a community
residential facility and any change in use may require additional on -
site parking and would require the review and written approval by the
City of Kalispell.
4. That the conditional use permit is valid for a period of 18 months from
the date of authorization.
H \... \TRANSMIT\KCU972A
FLATHEAD REGIONAL DEVELOPMENT
CONDITIONAL UPERMT STAFF REPORT
FLATHEAD INDUSTRIES
A report to the Kalispell City -County Planning Board and Kalispell City Council regarding
a request by J. Constenius Architects, Ltd. on behalf of Flathead Industries for a
Conditional Use Permit to allow the construction of a group home in an RA-2, Residential
Apartment zoning district. A public hearing on this matter has been scheduled before the
planning board for April 8, 1997, beginning at 7:00 p..m., in the Kalispell City Council
Chambers. The planning board will forward a recommendation to the City Council for
final action.
A. Petitioner:
Flathead Industries
P.O. Box 1916
Kalispell, MT 59901
(406)755-7656
J. Constenius Architects, Ltd.
210 Parkhill Drive
Whitefish, MT 59937
(406)862-4818
B. Size and Location:
The property proposed for the group home is located on the southwest corner of
First Street West and Third Avenue West in Kalispell. The property contains two
city lots which have a total of approximately 14,200 square feet. The property can
be described as Lots 1 and 2, Block 49, Kalispell Original in Section 18 Township
28 North, Range 21 West, P.M.M., Flathead County, Montana.
C. Nature of Request:
D. The applicants are requesting a conditional use permit to allow the construction of
an eight bedroom group home to accommodate a maximum of eight adults with
developmental disabilities. Twenty-four hour staff will be provided at all times. Full
staffing will consist of two persons from 7:00 a.m. to 8:00 p.m. seven days a week
and one awake staffing during night hours. None of the residents will drive. The
facility will be a one story building with approximately 3,393 square feet. This
facility is similar to the facility that Flathead Industrial constructed at 21 Fourth
Avenue West in Kalispell.
E. Existing Land Use and Zoning:
Currently there are two residences located on the property which will be removed.
Arrangements have been made with the Kalispell Fire Department for the removal of
the structures. The void will be filled with engineered fill to the existing grade. The
zoning on the property is RA-2, a Residential Apartment district which allows group
homes as a conditionally permitted use.
F. Surrounding Zoning and Land Uses Zoning:
G.
H.
I.
1.
All of the properties in the immediate area are developed with single-family
residences. However, this area is a transition zone between residential and
commercial with the Kalispell Center Mall lying one block to the north, Sykes
Grocery approximately one block to the south. Other miscellaneous business as
well as single-family and multi -family residences are in the general area.
North: Single family residential; B-2, General Business zoning
South: Single family residential; RA-2. Residential Apartment zoning
East: Single family residential; RA-2 Residential Apartment zoning
West: Single family residential; RA-2 Residential Apartment zoning
Raster Plan Designation:
The Kalispell City County Master Plan Map designates this area as high density
residential which anticipates eight to 40 dwelling units per acres. The proposed
project is in compliance with the land use designation of the master plan map and
furthers the goals of the master plan by providing necessary affordable housing for
disabled members of the community.
Utilities/ Services:
Sewer service: City of Kalispell
Water service: City of Kalispell
Solid Waste:
City of Kalispell
Gas:
Montana Power Company
Electric:
Pacific Power (underground)
Phony: , _
PTI (underground)
Police: '
City of Kalispell
Fire:
Kalispell Fire Department
Schools:
School District #5, Kalispell
L'valuation of the Request:
Site Suitability:
a. Adequate Useable Space: Two city lots would be used for the site for the
group home. Both of the lots together total approximately 14,200 square
feet. Within the site, there will be a circular driveway, four parking spaces,
landscaping, sidewalks, snow storage and a small courtyard. There is
adequate room to accommodate the proposed facility within the required
setback areas and to accommodate the proposed parking and landscaping.
b. Adequate Access: Access to the home is proposed off of the existing paved
alley to the west with an exit onto First Avenue West. The existing approach
will be abandoned and a new approach constructed. The approach along
2
First Avenue West should be located 35 feet from the edge of the pavement
and the alley approach should be located approximately ten feet from the
sidewalk.
C. Environmental Constraints: There are no significant environmental
constraints apparent on the property. It is generally level and within an
urban area of Kalispell.
2. Appropriate Design:
a. Parking Scheme: Four parking spaces are required by the Kalispell Zoning
Ordinance, one per five persons plus one space per employee at maximum
shift. As proposed, there are three parking spaces proposed to be located
along the western boundary of the property and entered from the alley. The
parking spaces as proposed are 18 feet deep and should be lengthened to 20
feet deep in order to meet the Kalispell parking standards. One parking
space has been indicated in front of the building for van parking. The
parking as proposed can be considered to be in substantial compliance with
the Kalispell Zoning Ordinance requirements.
b. Traffic Circulation: One way traffic in and out of the site is proposed with
cars entering the site from the alley on the west and exiting onto First Street
West. The asphalt driveway is indicated on the site plan to be 12 feet wide.
It appears that traffic circulation within the site is generally good.
C. Open Space: No specific open space requirements are required under the
zoning other than the required setbacks. There are additional setbacks
associated with this property because the site is required to meet both front
yard and side yard setbacks of 20 feet. The required setbacks have been met
as indicated on the site plan.
d. Fencing/Screening/Landscaping: Landscaping is shown on the site plan to
be located around the perimeter of the property with large lawn and
landscape areas throughout the site. A six foot tall fence is indicated on the
site plan to be located along the southern boundary of the property. No
additional screening other than what has been proposed appears to be
necessary.
e. Si naage: No signage has been indicated on the site plan or proposed in the
application.
3. Availability of Public Services/Facilities:
a. Schools: This site is within the boundaries of School District #5, however,
generally speaking, this proposal should have minimal impact on the school
district.
b. Parks and Recreation: There is a small park associated with Elrod School
within walking distance of the proposed residence. No substantial impacts
to the parks and recreation facilities in the area can be anticipated as a
result of this use.
C. Police: No substantial impacts to the police can be anticipated as a result of
the proposed residential facility.
d. Fire Protection: Fire protection will be provided by the Kalispell Fire
Department. It is the understanding of the staff that the group home will be
fully sprinkled. Additionally, there are fire hydrants in the area as well as
good access to the site in the case of a fire.
e. Water: City water will be used to serve the new group home. No significant
impact on water services can be anticipated as a result of this facility.
f. Sewer: Sewer service will be provided by the City of Kalispell. No significant
impacts on City sewer services can be anticipated as a result of the proposed
use.
g. Solid Waste: Solid waste pick-up will be provided by the City, and no
significant increased impacts can be anticipated as a result of the proposed
use.
h. Roads: Minimal to moderate traffic generation can be anticipated as a result
of this use. Access will generally be onto First Avenue West, a City paved
street which is in good condition and well maintained. Roads in the area are
adequate to accommodate the proposed use.
i. Immediate Neighborhood Impact: The general character of this area is a
transitional one between commercial and residential. This area is a prime
area for redevelopment because of several old buildings and homes in the
area. The existing dilapidated and deteriorating homes currently on the site
will be removed and a new residential structure will take their place. The
overall impact on the area with the construction of this facility will be an
improvement in the neighborhood character, increased property values and a
better quality of life for the residents in the:. area because of the
improvements to the site.
0 .•, �,,.
A notice of public hearing was mailed to property owners within 150 feet of the subject
property approximately 15 days prior to the hearing. At the writing of the staff report, no
inquiries have been received by the Flathead Regional Development Office.
FZ101 t f 0�
The size and location of the site is ideally suited for the proposed use because it is
an area which has a mix of single-family and multi -family uses and provides an
opportunity for needed redevelopment.
2. The site design with regard to access, parking, location of the building and setbacks
is in general compliance with the zoning and design standards of the City.
4
3. Existing public services and facilities are available and adequate to serve the
proposed use.
4. There will positive impacts to the neighborhood with regard to the redevelopment of
the site, increased property values and an increase in the quality of the
neighborhood.
RECOAUVIENDATION
It is recommended that the Kalispell City -County Planning Board adopt staff report #KCU-
97-2 as findings of fact and recommend to the Kalispell City Council that the Conditional
Use Permit be granted subject to the following conditions:
1. That the proposal will be developed in substantial conformance with the approved
site plan and the Kalispell Zoning Ordinance.
2. That the property owners obtain an approach permit from the Kalispell Public
Works Department for the new driveway along First Street West.
3. That a covenant be recorded with the property which states that the development
has been specifically approved for a community residential facility and any change
in use may require additional on -site parking and would require the review and
written approval by the City of Kalispell.
4. That the conditional use permit is valid for a period of 18 months from the date of
authorization.
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KALISPELL CITY -COUNTY PLANNING BOARD
AND ZONING COMMISSION
MINUTES OF MEETING
APRIL 8, 1997
Work Session / There was a scheduled work session prior to the regular meeting of the
Update of Master Kalispell City County Planning Board to review the information that has
Plan been gathered for the planning jurisdiction and to give staff direction on
how the Board would like to proceed.
CALL TO ORDER The regularly scheduled meeting of the Kalispell City -County Planning
AND ROLL CALL Board and Zoning Commission was called to order at 7:06 p.m. by
President Therese Hash. Board members present were Bob Sanders,
Milt Carlson, Mke Conner, Pam Kennedy, Joe Brenneman, Therese
Hash and Robert Lopp. Absent Board members were Walter Bahr and
Jean Johnson (excused). The Flathead Regional Development Office was
represented by Steve Kountz, Senior Planner and Narda Wilson, Senior
Planner. There were approximately 85 people in the audience.
APPROVAL OF The minutes of the meeting of March 11, 1997 were approved as written
MINUTES on a motion by Kennedy, second by Carlson. All members present voted
aye.
FLATHEAD The first public hearing was introduced on a request by J. Constenius
INDUSTRIES Architects, Ltd. on behalf of Flathead Industries for a conditional use
CONDITIONAL permit to allow the construction of a group home which would be able to
USE PERMIT / accommodate a maximum of eight adults with developmental disabilities.
GROUP HOME The property is located in an RA-2, Residential Apartment, zoning
district which allows group homes as a conditionally permitted use. The
property is located on the southwest comer of First Street West and
Third Avenue West in Kalispell.
Staff Report Wilson gave a detailed presentation of report #KCU-97-2. The
application was evaluated in accordance with the necessary criteria, and
staff recommended the conditional use permit be granted, subject to four
(4) conditions. -
Public Hearing The public hearing was opened to those in favor of the proposal.
In Favor John Constenius, architect for the project, as well as a Board member for
Flathead Industries, spoke in favor. They have been successful in the
past with integrating group homes into the community. The proposed
building will be a benefit to the neighborhood.
Mike Kelly, Director for Flathead Industries, spoke in favor, and based
on their history of being good neighbors, feels it will be a plus to the
neighborhood.
No one else spoke in favor. The public hearing was opened to
opposition to the project.
Opposition Dean Rupe, 1215 id' Avenue West, which is next door to a Flathead
Industries group home. It was built last year, and is still unoccupied. We
tried to be good neighbors, but I couldn't find out who was in charge of
the building from the beginning. I am concerned for the people who are
next door to this new group home. There is no one to contact. They put
in over two feet of fill, and built three homes that were almost level with
the street. The drainage runs directly down into our property. I
contacted Mike Kelly and the City. We couldn't get answers from
anybody. You should make the Flathead Industries accountable to
somebody, and stop the construction when they mess up on the
architectural drawings. The water is just sitting in the backyards of all
these homes. We have never had flooding before. Last year was the first
year we had any water in our basements.
President Hash assured Mr. Rupe that the neighbors next to this proposal
were notified of the pending proposal and one of the conditions of
approval of this project that it would be developed in compliance with
various agencies per the Kalispell Zoning Ordinance.
Kennedy said that she has spoken with Mr. and Mrs. Rupe by phone and
wasn't aware that you were continuing to have problems. I do know that
part of your concerns had been resolved and that there were some
contacts from the City and Flathead Industries. I will try to resolve this.
I know that Flathead Industries have been good neighbors in the past,
and that their intentions are to be good neighbors to you, as well.
No one else spoke in opposition to the proposal. The public hearing was
closed and opened to Board discussion.
Board Discussion Kennedy stated that she has seen the new group home and it is a quality
building. I am sorry that Mr. Rupe is still experiencing drainage
problems, however, they have a long history of building quality
developments. I feel the conditions address all my concerns.
The Board were in agreement that the neighborhood would be enhanced
by this building.
EA
Lapp addressed the drainage issue mentioned at the other site. Both this
year and last year have been unusually high water years. We usually
require a site drainage plan.
Motion Kennedy moved to adopt report #KCU-97-2 as findings of fact and
recommend the conditional use permit be granted to Flathead Industries
to allow a group home in the RA-1 district; subject to the four
conditions. Conner seconded. On a roll call vote the motion carried
unanimously in favor.
KALISPELL The next public hearing was introduced on a request by Kalispell
ASSEMBLY OF Assembly of God Church for a conditional use permit to allow an
GOD CHURCH expansion of the church with an addition of approximately 14,672 square
CONDITIONAL feet onto an existing 41,000 square foot building. The property is
USE PERMIT / located in an R-3, Residential, zoning district which allows churches as a
EXPANSION conditionally permitted. The property is located at 255 Summit Ridge
Drive in Kalispell and is approximately 600 feet south of the southwest
corner of Highway 93 North and Four Mile Drive. The entire parcel
contains approximately 17.54 acres. The property can be described as
Assessor's Tract 2XA in Government Lot 1 in Section 1, Township 28
North, Range 22 West, P.M.M., Flathead County.
Staff Report Wilson gave a detailed presentation of report #KCU-97-3. Based on
evaluation of the necessary criteria, she recommended the conditional use
permit be granted subject to 9 conditions.
Questions Lopp asked about the potential of a traffic light at Summit Ridge Drive?
Wilson responded that it was unlikely as there is a light at Grandview and
Four Mile Drive, and there will be one at the proposed Buffalo Commons
Subdivision which will come before this Board next month. The
extension of Parkway Drive has been planned for some time.
Public Hearing . The public hearing was opened to those in favor of the project.
Wilson read through the conditions of approval for the benefit of those
in the audience.
In Favor John Dyck, representing the church, said that they are in the process of
addressing the recommended conditions, and have no problem, except
for the 60 foot easement for the extension of Parkway. A fire access
road had been constructed to the fire hydrant on the north. We are
willing to work with the fire department. The building is concrete and so
eliminates some of the high risk of fire. The paved access road on North
Haven Drive, we are already working on that. It will provide access to
the property and help eliminate some of the congestion we get on Sunday
3
mornings. There shouldn't be much traffic turning north, as most of the
congregation goes into Kalispell after services. We think it is a good
idea, especially with it gated, so that we can control access. The main
problem we have is providing the 60 foot right of way for the extension
of Parkway Drive. We are in the process of coming up with an overall
plan for our 17 acres, and determining what we want to do. We would
like time to think about it and work out alternatives.
Peggy Christianson, 439 Grand Avenue, Bigfork, works on staff for the
church was in favor of the proposal. I know a lot of families get serviced
at the church, and if this gets stopped, a lot of potential teenagers would
get in trouble. I think that asking a church to waive that much property
rights [i.e. 60 foot ROW] and slow down the permit process, will be
unfair.
Terry Compton, 20 Appleway Drive, Kalispell, complained about the
traffic on Highway 93 going 60 mph. Where are the police and highway
patrol? The City of Kalispell could put "No Parking" signs along
Summit Ridge Drive, and that would stop some of the parking problem
they have. There are ways to make this work without the 60 foot
easement.
Iris MacCauley, 205 Oh Avenue West, Kalispell, said that they need
street lights on that intersection turning into the church, as it is very
dangerous at night or when it is raining.
Wayne Worthington, 365 Summit Ridge Drive, stated that there is a
parking problem up there. They have got to get their plans together so
they know what is going on, and get the parking off of Summit Ridge
Drive. There needs to be another access on the other side. The church
has not worked with the subdividers as far as Parkway Drive or the
subdivision back there. There are many things to be done to get this
right. Stop the piecemeal planning.
Linda Smith, 627 Parkway Drive, is in favor of the church adding on.
My concerns are about the parking. Some days, there are so many cars
parked along the roads, that a fire truck or ambulance cannot get
through. There is not adequate parking, and a stop light at Summit
Ridge would help. I do not think the problem will be solved by directing
traffic through the existing subdivision and out. There is a fire hydrant
across the street that is constantly buried by snow, and the fire
department would not be able to get to it for our house or for the church.
I can't continually call the police every time the road is blocked. If
Parkway Drive is extended, it will increase traffic to the stop light. She
submitted a letter and photos for the record.
4
Joe Nelson, 615 Parkway, runs a tow truck and does emergency towing
for the police and sheriff departments. There have been times when they
have functions at the church, that I have been blocked in and haven't
been able to respond to a call. I have had to have the police department
go tell them to move their cars. I live on the comer of Highway 93 and
Parkway. We have no problem with the church, except for the parking
mess.
Cal Dyck, 104 Cougar Trail, Whitefish, had a concern with the 60 foot
easement. I do the snow plowing up there, and it gets to be extremely
tight with Parkway there with the road coning through. I know when
we built that we could access on the east side to get down on Summit
Ridge. We ended up putting parking lots across it because of the number
of vehicles using the area.
Rich Gunlickson, 729 Parkway Drive, approves all the conditions. The
20 foot road on North Haven Drive, they have balked on that before. I
think Parkway Drive should be continued. It shouldn't be a dead end.
He also submitted a letter which is part of the record.
Doran Renfrow, 2071 Mission Way South, who has been attending this
g` church for 11 years, said that in the early days North Haven was not
blocked. At that time, we did not have the problems with parking on
Summit Ridge because we had that access. Since it is blocked, it isn't
convenient for anyone to park back there. If it were opened up, people
would park there again.
No one else spoke either in favor or in opposition to the proposal. The
public hearing was closed, and opened to Board discussion.
Board Discussion Conner agreed that there was a health and safety issue with regards to
the parking problem up there, if some one needs to get through in a
critical situation.
Kennedy asked who blocked North Haven?
Wilson replied that she understood that the church and the neighborhood
was having problems with people using that as a shortcut, it wasn't
paved and there was a lot of dust. It was blocked by the residents, the
City of Kalispell and the church.
John Dyck, said that the City closed that access. They pulled out the
culvert and closed it off. What happened in the past is that teenagers
from the subdivision would just rip through that parking lot, way too
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fast, and it was a safety issue, especially with the day care there. When it
is gated would be up to the church administration.
Kennedy had problems with a gated access.
Wilson would recommend gating it when the church is not in use. When
Parkway Drive is available it will be used. A private parking lot should
not be used as public right of way to Four Mile Drive.
Kennedy thought that the church should do everything they can to police
the problem internally, knowing that it is an issue, and park on the church
property. If they do gate North Haven Drive, then we need Parkway
Drive, Mr. Dyck asked for time to work out this issue with Parkway
Drive, and I know it is not news to this church that the City of Kalispell
has been talking about the extension of Parkway for a long time. There
has been time to work on this issue. I agree that the development of
Parkway Drive should not be borne solely by the church. It would be a
benefit to the community, at large.
Carlson commented that it was a condition of approval for Sunrise View
Subdivision that the owner have a second exit to a proposed right of way
on the church property which was to be worked out with all parties.
There was discussion on Parkway Drive. Wilson pointed out that until
the church dedicates the connection between the two points, the roadway
cannot be constructed.
Brenneman felt it was tenuous to require the 60 foot right of way of the
church which effectively eliminates the west end of their lot and their
possibilities of using the property they own.
Lopp reminded the Board that it has always been the intention to provide
Parkway Drive as a parallel to Highway 93 to facilitate the flow of
traffic. Considering that the 20 foot paved access on North Haven is
private, gating it is a safety issue. There needs to be both public and
private access around the church.
There was considerable discussion on the parking, the gated access and
the extension of Parkway Drive.
Lopp wanted to add recommendation #10: `That the required parking
spaces be verified and made available on a year round basis." #7 was
modified to strike the word seek and replaced with enter into. These
amendments were agreed to by consensus of the Board.
GI
Motion Lopp moved to adopt staff report #KCU-97-3 as findings of fact and
recommend to City Council the conditional use permit be granted to
Kalispell Assembly of God Church for an expansion, subject to the
conditions set forth in the report, with the addition of #10: Required
parkin g be verified and made available on a y�g round basis, and that #7
be amended to strike seep and replace with enter into. Kennedy
seconded. On a roll call vote, Hash, Carlson, Brenneman, Sanders,
Lopp, Kennedy and Conner voted aye.
PRESTIGE CARE The next public hearing was introduced on a request by Curry Brandaw
CONDITIONAL Architects on behalf of Gene Lenz and Ray Lembke, dba Prestige Care,
USE PERMIT / Inc., for a conditional use permit to the construction of a 44 unit personal
PERSONAL CARE care facility to accommodate elderly residents who require assistance
FACILITY FOR THE with daily living activities. The property is located in an RA-1, a Low
ELDERLY Density Residential Apartment, zoning district which allows personal
care facilities as a conditionally permitted use. The property is located
between Meridian Road and Glenwood Drive approximately 200 feet
north of Two Mile Drive.
Staff Report Wilson gave a detailed presentation of report #KCU-97-4. Based on
evaluation of the necessary criteria, staff recommended the conditional
use permit be granted subject to nine (9) conditions.
Public Hearing The public hearing was opened to proponents of the project.
In Favor Wayne Worthington, 365 Summit Ridge Drive, was in favor of the
project. However, he had concerns with the site plan that had a broad
expanse of undeveloped land that was not planned for in the initial
design. What is going to happen there in the future?
Marcus Hyde, Curry Brandaw Architects, explained their project. There
will be walking paths all around the building. All the rooms are ADA
adaptable and meet the requirements for the Fair Housing Act. The
building will fit in with the neighborhood.
There being no other speakers either in favor or in opposition to the
project, the public hearing was closed, and opened to Board discussion.
Board Discussion There was discussion on sidewalks in the area. Gateway Orchard Villas
has sidewalks on the west side of Glenwood Drive. There would be
room in the right of way to install sidewalks.
There is a identified problem with drainage in the area and the Board felt
that an onsite drainage plan be submitted to the Public Works
Department for approval. Condition #5 was modified to include that "A
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drainage plan addressing on site drainage and the driveway..."
The split zoning of RA-1 and B-1 on the L-shaped piece of property was
discussed at length. Hash had concern regarding the uses in B-1 zone
adjacent to a home for the elderly, keeping the area more residential
rather than commercial to help keep their home environment more
peaceful.
Staff has recommended a boundary line adjustment to eliminate the split
zoning on the site, and landscaping on the north, east and south
boundaries. The B-1 zone is Neighborhood Business, which may be a
better neighbor to this type of development than the RA-1. There is a lot
of traffic on Meridian, regardless of the zoning. The purpose of the
boundary line adjustment is to delineate two separate pieces of property,
to be considered as two separate projects.
Motion Conner moved to adopt report #KCU-914 as findings of fact and
recommend City Council grant the conditional use permit subject to the
nine (9) conditions with #S amended to include an onsite drainage plan,
and spelling correction in #b. Kennedy seconded. On a roll call vote
Brenneman, Conner, Hash, Carlson, Sanders, Kennedy, and Lopp voted
aye. The motion carried unanimously.
OLD BUSINESS Wilson gave an update on County Commissioners action on the
Stoneridge Subdivision. The Commissioners changed the conditions to
require hook up to City sewer, because there are concerns about high
groundwater in the area.
NEW BUSINESS As agreed, there will be a 6:00 p.m. work session on the Master Plan
update prior to the regular planning board meeting.
ADJOURNMENT The meeting was adjourned at 10:00 p.m.
Therese Fox Hash, President
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Elizabeth Ontko, Recording Secretary