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07. Kalispell Assembly of God Church - CUPAgenda -April 28, 1997 AGENDA ITEM 7 - KALISPELL ASSEMBLY OF GOD CHURCH -CONDITIONAL USE PERMIT BACKGROUND/CONSIDERATION: I have reviewed and enclosed for your information the City and County Planning Board Minutes (behind Flathead Industries information) and recommendations for this request. RECOMMENDATION: Since the minutes are comprehensive and include the relevant effects 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. JOHN DYCK 547 ARMORY RD. V4=fqSH Mr. 59937 APRIL 28, 1997 PH.862-0992 FAX. 862-8112 CLARENCE KREPPS CITY MANAGER CITY OF KALISPELL P.O. BOX 1997 KALISPELL W. 59903 illli I Ir 1 lija ii ilillliii 21F.Wiml liz 1 1111 i DEAR CLARENCE, THE KALISPELL ASSEXMLY OF GOD CHURCH WOULD LIKE TO REQUEST A POSTPONEMENT OF OUR APPLICATION TO THE CITY COUNCIL FROM MAY 5 TO THE XNE 2 MEETING. I jW4.11CYOU VERY NUCM. April 24, 1997 City Manager Clarence Krepps City of Kalispell PO Box 1997 Kalispell MT 59903 Dear City Manager Krepps: I received a letter from the Flathead Regional Development Office stating that our request for a building permit would be referred to the Council for placement on their May 5th agenda. I write today, expressing myself or! several of the issues. I have in my possession the list of concerns the FRDO expresses. Most of their concerns have already been met. We do have in excess, the parking required by the city. They want 439. We have by actual count, 448. They express concern regarding fire protection. They state we have two hydrants. We have three on site and a fourth on the edge of our property and Parkway Drive. The hydrant to the north of the building already has an access road just below it. We put it where the fire department required when we built. They express concern with the traffic we put on Summit Ridge Drive. We are in the process of installing an entry/exit on the northwest side of the property. This entrance/exit will be onto North Haven Drive. It will be gated during the week and opened on Sunday. The big problem we have is regarding the extension of Parkway Drive. What I'm being told is, our permit to add on will be contingent on us granting the city an easement through our property to connect the two stubs. I have two problems with this. The first is, why would the city tie that to a building permit. The addition is on the west side of our building. Parkway Drive is on the east side. The addition will not create more traffic. It will be used on Sunday and Wednesday for classrooms for children and youth. I cannot justify in my mind how those two issues can be tied together. The second issue I struggle with regarding the easement is the method of reimbursement. I understand there is none. Can the city "take" land from a property owner? When Highway 93 expanded into four lanes, I know people had to give up land. However, it was appraised and they were reimbursed. The FRDO not only inferred we would grant the easement, but assist in payment for the road. ,: ID ASSEMBLY OF Goo 2S5 SUMMIT RIDGE DRIVE • KALISPELL, MONTANA 59901 • PHONE 7S24426 I'm afraid if that's the case, we will rent other facilities and forgo the addition, It's not that I'm against Parkway Drive going through, it's the method. If the city would approach us with their plan and offer to pay us for the land, I can assure you, they would have our 100% cooperation in the entire project. I do not want to be adversarial. Neither do I want to lie down and play dead. We have the largest auditorium in the city. We have tried to cooperate with the city and entire community. We host part of the Flathead Festival and many other community events. It is my prayer that the city will reciprocate that action. I will be at the meeting to answer any questions the council members have. Sincerely, Qx R.D. Ross Senior Pastor RDR/ksv cc: Mayor Rauthe Council Members City of Kalispell P. O. Box 1997 Kalispell, Montana 59903-1997 GRANT OF CONDITIONAL USE APPLICANT: Kalispell Assembly of God Church 255 Summit Ridge Drive Kalispell, MT 59901 John Dyck 545 Armory Road Whitefish, MT 59937 LEGAL DESCRIPTION: An addition onto the existing Kalispell Assembly of God Church described as Assessor's Tract 2XA in Government Lot 1 in Section 1, Township 28 North, Range 22 West, P.M.M., Flathead County Montana. OWNER: Kalispell Assembly of God Church 255 Summit Ridge Drive Kalispell, MT 59901 ZONE: Residential, R-3 The applicants have applied to the City of Kalispell for a conditional use permit to allow an approximately 14,672 square foot expansion of the existing 41,000 square foot church buildings. The addition will be used as a multi -purpose building primarily for classrooms and the youth ministry. The addition will be two stories with a height of approximately 29 feet and is proposed to be constructed along the northwest wing of the existing church. 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 nine conditions. After reviewing the application, the record, the FRDO report, and after duly considering the matter, the City Council of the City j:\wp\cup.church 1 of Kalispell, pursuant to the Kalispell Zoning Ordinance, hereby adopts Flathead Regional Development Office, Conditional Use Report #KCU-97-3 as the Council's findings of fact, and issues and grants to the above -described real property a conditional use permit to allow the addition onto the existing Kalispell Assembly of God Church in the R-3, Residential zoning district subject to the following conditions: • 1. That the proposal will be developed in substantial conformance with the approved site plan. 2. That the applicant submit professionally prepared drawings to the Kalispell Building Department which address the building code issues related to fire access. 3. That a letter from the Kalispell Fire Chief be submitted to the City of Kalispell Building Department approving the fire suppression system. 4. That a 20 foot wide paved, private access road be provided from the western parking lot to the south end of North Haven Drive. 5. That an approach permit be obtained from the Flathead County Road Department for a driveway approach onto North Haven Drive. 6. That a 60 foot right-of-way be granted to the City of Kalispell for the extension of Parkway Drive. 7. That the property owners seek a cooperative agreement with the City of Kalispell for the construction of Parkway Drive. 8. That all of the required conditions of approval be met prior to the issuance of a certificate of occupancy. 9. Required parking spaces be verified and made available on a year round basis. j:\wp\cup.church 2 SECTION_Il. 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 , 1997. Douglas D. Rauthe, Mayor STATE OF MONTANA ) ss County of Flathead ) 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.church 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: Kalispell Assembly of God Church Conditional Use Permit 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 the Kalispell Assembly of God for a conditional use permit to allow a 14,762 square foot addition onto the existing 41,000 square foot church. The property is located approximately 600 feet south of the southwest corner of Highway 93 North and Four Mile Drive in an R-3, Residential zoning district, at 255 Summit Ridge Drive. The entire parcel contains approximately 17.54 acres Narda Wilson with the Flathead Regional Development Office presented a staff report and reviewed some of the issues associated with the church, primarily dealing with parking and traffic circulation. She noted parking is adequate, but the lack of adequate traffic circulation creates problems. She recommended approval of the addition subject to nine conditions. Ten people spoke in favor of the church expansion, some of whom cited specific problems with the existing parking and traffic circulation in the area. Several objected to the condition requiring a 60 foot right of way dedication for the extension of Parkway Drive. The Planning Board discussed the extension of Parkway Drive, and believed it was a valid requirement which would help to alleviate the circulation problems and parking on the street. The Board adopted the findings of fact in report #KCU-97-3 on a vote of 7 to 0 and forward a recommendation to grant the conditional use permit to Assembly of God Church subject to the amended conditions as shown in 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 Providing Community Planning Assistance To: • Flathead County • City of Columbia Falls • City of Kalispell • City of Whitefish • Kalispell Assembly of God Church Conditional Use Permit April 17, 1997 Page 2 at the Flathead Regional Development Office if you have any questions regarding this matter. Sincerely, LL CITY -COUNTY PLANNING BOARD AND ZONING COMMISSION I{AL SPE (��_ �� Therese Fox Hash, President TFH/NW/eo Attachments: Exhibit A FRDO Report #KCU-97-3 Draft Minutes for the 4/8/97 PB meeting c: w/o Att: Assembly of God Church, 255 Summit Ridge, Kalispell, MT 59901 John Dyck, 545 Armory Rd, Whitefish, MT 59937 Debbie Gifford, Kalispell City Clerk H: \... \TRANSMIT\KALISPELL\ 2997 \KCU97-3 EXHIBIT A KALISPELL ASSEMBLY OF GOD CHURCH CONDITIONAL USE PERMIT #KCU-97-3 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. 2. That the applicant submit professionally prepared drawings to the Kalispell Building Department which address the building code issues related to fire access. 3. That a letter from the Kalispell fire chief be submitted to the City of Kalispell Building Department approving the fire suppression system. 4. That a 20 foot wide paved, private access road be provided from the western parking lot to the south end of North Haven Drive. 5. That an approach permit be obtained for the Flathead County Road Department for a driveway approach onto North Haven Drive. 6. That a 60 foot right-of-way be granted to the City of Kalispell for the extension of Parkway Drive. 7. That the property owners enter into seek a cooperative agreement with the City of Kalispell for the construction of Parkway Drive. 8. That all of the required conditions of approval be met prior to the issuance of a certificate of occupancy. 9. Required parking spaces be verified and made available on a year round basis. 10. That the conditional use permit is valid for a period of 18 months from the date of authorization. H\... \TRANSMIT\KCU973A r REGIONAL DEVELOPMENTOFFICE CONDITIONAL USE P_ N KCU-97-3 KALISPELL ASSEMBLY OF GOD CHURCH MARCH,. A report to the Kalispell City -County Planning Board and Kalispell City Council regarding a request by the Kalispell Assembly of God Church for a Conditional Use Permit to allow an addition onto the existing church located in an R-3, Residential 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: Kalispell Assembly of God Church 255 Summit Ridge Drive Kalispell, MT 59901 (406)752-6426 John Dyck 545 Armory Road Whitefish, MT 59937 (406)862-4914 B. Size and Location: The site is located approximately 200 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, Montana. C. Nature of Request: D. The applicants are requesting a conditional use permit to allow an approximately 14,672 square foot expansion of an existing 41,000 square foot church building. The addition will be used as a multi -purpose building primarily for classrooms and the youth ministry. The addition will be two stories with a height of approximately 29 feet and is proposed to be constructed along the northwest wing of the existing church. E. E;dsting Land Use and Zoning: There is existing church on the property which contains a large seating area and balcony, classrooms, an administration wing, dining hall, chapel and choir area. Additionally, the church operates a day care facility which was granted a conditional use permit for up to 100 children in October of 1985. The day care facility operates on a year round basis and provides care to children from infant to five years old along with after school and summer programs. In addition to the church related uses, the facility is occasionally used for concerts because of its large seating capacity, and, of course, weddings. At the time the conditional use permit was granted this property was zoned R-4 which allowed day care centers as a conditionally permitted use and churches as a permitted use. Since that time both the zoning regulations and the zoning for the property have changed. The Kalispell Zoning Ordinance now allows churches as a conditionally permitted use in all residential districts. The current zoning on the property is R-3, Residential. F. Surrounding Zoning and Land Uses Zonin,2 All of the properties in the immediate area are residentially zoned and nearly fully developed with single-family homes with the exception of the new subdivision to the north, Sunrise View Subdivision. It can be observed that the general character of the area is residential. North: Undeveloped and single family residential, City R-4 zoning South: Single family residential, City R-3 zoning East: Single family residential, City R-3 zoning West: Single family residential, County R -2 G. Master Tian Designation: I. 1. The Kalispell City County Master Plan Map designates this area as urban residential. The plan . itself anticipates the need for semi-public services such as schools and services within residential districts. This proposal can be found to be in substantial compliance with the master plan. Utilities/Services: Sewer service: Water service: Solid Waste: Gas: Electric: Phone: Police: Fire: Schools: City of Kalispell City of Kalispell City of Kalispell Montana Power Company Pacific Power (underground) PTI (underground) City of Kalispell Kalispell Fire Department School District #5, Kalispell Evaluation of the Request: Site Suitability: a. Adequate Useable Space: The entire church property contains approximately 17.54 acres. Approximately ten acres of the site has been generally devoted to the existing church and ancillary uses. There is adequate usable space on the property to accommodate the proposed expansion. 2 b. Adequate Access: Access to the site is currently by way of two driveways on the north side of Summit Ridge Drive. No additional approaches, driveways or accesses are proposed in connection with the addition. C. Environmental Constraints: Although there are some drainage problems in northwest Kalispell and occasionally in this area, no significant environmental constrains are associated with this property such as floodplain or wetlands areas, steep slopes or severe drainage problems. 2. Appropriate Design: a. Parking Scheme: Currently there are approximately 448 paved parking spaces provided on -site. In assessing the parking needs for the seating area, chapel and choir area, classrooms, dining area, administrative offices, day care center and the proposed addition, it appears approximately 439 parking spaces are required. Adequate parking exists on the site to accommodate the existing use and proposed expansion b. Traffic Circulation: Traffic circulation on the site and in the area related to this use currently create some congestion problems because of the limited accessibility to Highway 93 North. Traffic leaving the church and attempting a northbound turn must do so from the intersection of Summit Ridge Road and Highway 93 North. Because this is an uncontrolled intersection and the traffic is moving at a fairly high speed, the left hand turn can be delayed. This situation tends to back-up traffic along Summit Ridge Drive. In order to avoid the congestion after church services, some people park on both sides of Summit Ridge Drive. This creates parking problems for residents in the area. Under the current situation, there is no access to Four Mile Drive 600 feet to the north. Previously, there was a driveway from the northwest end of the parking lot onto North Haven Drive which allowed cars to leave the parking lot and get onto Four Mile Drive and the traffic light at the intersection of Four Mile and Highway 93 North. This access point was closed because of dust and unauthorized traffic using the parking lot as a short cut. However, staff would recommend that this driveway and approach be re-established and paved to provide a means to a signalized intersection and a safer northbound turn onto Highway 93. In order to avoid unwanted traffic, the driveway and approach should be gated when the church is not in use. Additionally, Parkway Drive which is currently unconnected along the eastern side of the property should be dedicated. It appears that there is currently enough impacts associated with the church uses to warrant this dedication. As can be noted, this extension has been planned with the creation of Sunrise View Subdivision to the small subdivision to the east. This connection will not only service the needs of the church, but will provide a public access for residents in the area. Furthermore, should the youth athletic facility be located at the southwest corner of Highway 93 and Four Mile Drive, an alternate access to this area from the residences in the Northridge area will be needed. Because this roadway will service the needs beyond those required by the church, it would be not be reasonable to expect 3 the church to bear the full cost of the construction of the roadway. The staff would recommend that the church dedicate the necessary right-of-way for the extension of Parkway Drive and seek a cooperative solution for its construction with the City of Kalispell. C. Open Space: No specific open space requirements are applicable to a church use other than those associated with the required setbacks which have been adequately observed on the site plan. Because of the large size of the parcel, there is a significant amount of space on the site that is undeveloped. d. Fencing,%Screening/ Landscaping: Landscaping has been placed around the building and in some small landscape island on the property with the construction of the church. A play area for the children has been fenced on the west side of the property. No additional landscaping, screening or fencing appears to be necessary or appropriate. e. Signage: There is an existing sign on the property which identifies the church that appears to be in excess of what is currently permitted which was placed on the site prior to the City of Kalispell adopting a sign ordinance. Under the current regulations, non -dwelling uses in the residential zones can have a non -illuminated sign not to exceed 20 square feet per face. The existing sign can continue as a non -conforming use. No additional signage has been proposed in conjunction with the proposed expansion. 3. Availability of Public Services/Facilities: a. Schools: This church is within the boundaries of School District #5. No impact on the school district can be anticipated as a result of the proposed expansion. b. Parks and Recreation: No apparent impacts to the Kalispell Parks and Recreation Department appear to be associated with the proposed expansion. C. Police: This facility is currently served by the Kalispell Police Department. No increased impacts to the police can be anticipated as a result of the proposed expansion. d. Fire Protection: Fire protection is currently provided by the Kalispell Fire Department. There are 1;?,to hydrants currently existing on the site; one at the southwest corner of the building and one near the northwest portion the property. However, the northern hydrant is generally inaccessible because there is no access road which could be used by the fire trucks. There appear to be problems associated with the fire accessibility which would require that a fire access road be constructed north of the building or that the building be sprinkled. The applicants will need to provide necessary information to the building and fire department which addresses these fire code issues and receive approval from the Kalispell fire chief stating that the fire suppression system has been reviewed and approved. 4 e. Water: City water currently serves the church, and no significant impact on water services provided by the City can be anticipated was result of this expansion. f. Sewer: Sewer service is currently provided by the City of Kalispell. No significant impacts on City sewer services can be anticipated as a result of the proposed expansion. g. Solid Waste: Solid waste pick-up is currently provided by the City, and no significant increased impacts can be anticipated as a result of the proposed expansion. h. Roads: Currently, access is provided by way of Summit Ridge Drive and there are circulation and access problems in the area associated with the church use. Impacts to both Summit Ridge Drive and the neighborhood currently create problems for the residents of the. area. Should the recommended extension of Parkway Drive and the alternate access from the parking lot to the west be created, the impacts to the roadways should be alleviated. i. Immediate Neighborhood Impact: The general character of this neighborhood is residential. The church has been praised by residents in the area for being a good neighbor, and provides a nice amenity to the community. The proposed expansion will not have a significant impact to the neighborhood, will respect the traditional uses in the area and maintain property values in the area. A notice of public hearing was mailed to property owners within 150 feet of the subject property approximately 15 days prior to the hearing. Approximately four property owners in the area have contact the FRDO staff regarding the traffic problems in the area and the need for alternative accesses by way of Parkway Drive and the parking lot. Letters received by the staff at the time of writing the staff report have been included in the packet materials. SUMMARY OF FINDINGS 1. The size and location of the site is adequate to accommodate the proposed expansion of the church. 2. The design of the site with regard to access, parking, location of the building, and setbacks is in general compliance with the zoning and design standards of the City. 3. Existing public services and facilities are generally adequate to accommodate the proposed use with the except of roadways. An alternate access is necessary to address the current impacts to the neighborhood and the potential increased impacts as a result of the proposed expansion. 5 1 4. No significant impacts to the neighborhood can be anticipated as a result of the expansion of the church. RECOAMENDATION It is recommended that the Kalispell City -County Planning Board adopt staff report #KCU- 97-3 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. 2. That the applicant submit professionall prepared drawings to the Kalispell Building Department which address the building code issues related to fire access. 3. That a letter from the Kalispell fire chief be submitted to the City of Kalispell Building Department approving the fire suppression system. 4. That a 20 foot wide paved, private access road be provided from the western parking lot to the south end of North Haven Drive. S. That an approach permit be obtained for the Flathead County Road Department for a driveway approach onto North Haven Drive. 6. That a 60 foot right-of-way be granted to the City of Kalispell for the extension of Parkway Drive. 7. That the property owners seek a cooperative agreement with the City of Kalispell for the construction of Parkway Drive. 8. That all of the required conditions of approval be met prior to the issuance of a certificate of occupancy. 9. That the conditional use permit is valid for a period of 18 months from the date of authorization. R \... \KCU 197\KCU97-3 6 LOT 4 36-2%22 Subject Property J-- SA&10 I law- !!, - DIM --------- ail �;���� -, ��,,- , � .. ,,'� •m _ , -; �.,� VicmTym" KALISPELL ASSEMBLY OF GOD CHURCH EXPANSION CONDITIONAL USE PERMIT -ALISPELL ZONING DISTRICT, R-3 USE DISTRICT il u 7ETG FILE # KCU-97-3 PLOT DATE: 03/20/97 SCALE 1" = 400' H:\gis\site\KCU97-3.DWG IST. 1-4 I 7r-- TMKWAY ptm�i. ri Ci I m