F2. Conditional Use Permit - Timber Meadows Senior Living FacilityPlanning Department
20115` Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.kalispell.com/plannin
REPORT TO: Doug Russell, City Manager+
FROM: Jarod Nygren, Senior Planner
SUBJECT: KCU-15-03—Conditional Use Permit (CUP) for a 40-unit multi -family complex in the
B-1 Zone
MEETING DATE: October 5, 2015
BACKGROUND: Mountain Plains Equity Group, is requesting a conditional use permit to construct a 40-unit
multi -family (senior living) building in the B-1 Zoning District. Multi -family residential is permitted within
the B-1 Zone, provided a conditional use permit is obtained per Section 27.12.030 of the Kalispell Zoning
Ordinance. The multi -family complex will house seniors 55 years or older and will consist of a new two-story
44,314 square foot residential building, three one-story garages totaling 11,108 square feet, surface parking
facilities, storm water retention and landscaping.
The subject property is located at 41 Meridian Court, north of 2nd Street West, east of the Burlington Northern
railroad tracks and approximately 400 feet west of South Meridian. The property consists of six parcels
approximately 4.36 acres in size within the Meridian Subdivision. The property can be described as the NE4 of
the NE4, Section 13, Township 28 North, Range 22 West, P.M.,M., Flathead County, Montana.
The Kalispell Planning Board held a duly noticed public hearing September 15, 2015, to consider the
application request. Staff presented staff report KCU-15-03 providing details of the proposal and evaluation.
Staff reported that the proposed CUP was compatible with the zoning, the growth policy, and the applicant has
met the burden of proof requirements. Staff recommended that the Planning Board adopt the staff report as
findings of fact and recommend to the City Council that the CUP be approved, subject to 12 conditions.
During the public comment portion of the hearing, the applicant spoke briefly regarding the CUP request.
There being no further public testimony, the public hearing was closed and a motion was presented to adopt
staff report KCU-15-03 as findings of fact, and recommend to the Kalispell City Council that the CUP be
approved, subject to12 conditions. One member of the board was not present and another board member
recused themselves from the discussion. Board discussion concluded that the CUP was appropriate, and the
motion passed 5 in favor and 0 opposed, on roll call vote.
RECOMMENDATION: It is recommended that the City Council approve Conditional Use Permit KCU-15-
03, with the 12 conditions of approval.
FISCAL EFFECTS: Approval of the request would have minimal fiscal impact to the City.
ALTERNATIVES: Deny the request.
ATTACHMENTS: Minutes of the September 15, 2015, Kalispell Planning Board
Application Materials
c: Aimee Brunckhorst, Kalispell City Clerk
Mountain Plains Equity Group, Attn: Donald Sterhan, 2825 3rd Avenue North, Suite 600, Billings, MT
59101
Immanuel Lutheran Corporation of Kalispell, Attn: Jason Cronk, 185 Crestline Avenue, Kalispell, MT
59901
Return to:
Kalispell City Clerk
PO Box 1997
Kalispell, MT 59903
City of Kalispell
P. O. Box 1997
Kalispell, Montana 59903-1997
GRANT OF CONDITIONAL USE
APPLICANT: Mountain Plains Equity Group
2825 Third Avenue North, Suite 600
Billings, MT 59101
(406) 254-1677
LEGAL DESCRIPTION: Tract A of Lot 11, Tract A of Lot 12, Lot 13 excepting the east 188.1
feet, Lot 14 excepting the east 188.1 feet and Lot 15 excepting the
east 188.1 feet of Hollister's Meridian Tracts and Lot 13, Block 1 of
Meridian Addition all in Section 13, Township 28 North, Range 22
West, P.M.M., Flathead County, Montana
ZONE: B-1, Neighborhood Business
The applicant has applied to the City of Kalispell for a conditional use permit to allow the
construction of a 40 unit multi -family (senior living) residential building located at 41 Meridian Court.
The Kalispell City Planning Board and Zoning Commission, after due and proper notice, on
September 15, 2015, held a public hearing on the application, took public comment and
recommended that the application be approved subject to 12 conditions.
After reviewing the application, the record, the Kalispell Planning Department report, and
after duly considering the matter, the City Council of the City of Kalispell, pursuant to the Kalispell
Zoning Ordinance, hereby adopts Kalispell Planning Department Conditional Use Report #KCU-15-
03 as the CounciPs findings of fact, and issues and grants to the above -described real property a
conditional use permit to allow the construction of a 40 unit multi -family residential apartment
building located at 41 Meridian Court in the B-1, Neighborhood Business zoning district, subject to
the following conditions:
General Conditions
1. That commencement of the approved activity must begin within 18 months from the
date of authorization or that a continuous good faith effort is made to bring the project to
completion.
2. The garage spaces shall be a minimum of 9x20 and are to be used for the parking of
automobiles. Storage of personal items is permitted provided the required 9x20 required
parking area remains clear of any obstructions.
3. Signage shall comply with Chapter 27.22 of the Kalispell Zoning Ordinance.
Prior to issuance of the Building Permit
4. Lots 11-15 of the Hollister's Meridian -Tracts shall be merged into one lot.
5. The building permit application site plan and elevation drawings shall substantially comply
with the approved conditional use permit application site plan and elevations drawings.
6. To ensure the proposed structure is compatible with the architecture and character of the
surrounding neighborhood, the building shall receive Architectural Review Committee (ARC)
approval prior to issuance of the building permit.
7. To ensure the traffic flow and access comply with Kalispell Design and Construction
Standards, the development shall receive Site Review Committee approval prior to issuance of
the building permit.
8. To ensure the property is fully landscaped and is compatible with the surrounding
neighborhood, a landscape plan shall be submitted along with the building permit. The
landscape plan shall be approved by the Parks Department prior to issuance of the building
permit.
Prior to issuance of the Certificate of Occupancy
9. The sewer service line extension shall be reviewed and approved by the Kalispell Public
Works Department.
10. The extension of the water service line shall occur within the public right-of-way
using the alleyway rather than lot 13. The design and location of the water lines shall
be reviewed and approved by the Kalispell Public Works Department.
11. A letter from the Kalispell Public Works Department shall be submitted to the Kalispell
Building Department stating that all new infrastructure has been accepted by the City of
Kalispell.
12. A petition for zoning map amendment shall be submitted for the rezone of lot 13 of the
Meridian Addition Plat to R-4.
Dated this 5th day of October, 2015.
STATE OF MONTANA
ss
County of Flathead
Mark Johnson
Mayor
On this day of , 2015 before me, a Notary Public, personally
appeared Mark Johnson, 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
KALISPELL CITY PLANNING BOARD & ZONING COMMISSION
MINUTES OF REGULAR MEETING
SEPTEMBER 15, 2015
CALL TO ORDER AND
The regular meeting of the Kalispell City Planning Board and
ROLL CALL
Zoning Commission was called to order at 7:00 p.m. Board
members present were: Chad Graham, Charles Pesola, Matt
Regier, Steve Lorch, Karlene Osorio-Khor and Doug Kauffman.
Rory Young was absent. PJ Sorensen, Jarod Nygren and Tom
Jentz represented the Kalispell Planning Department.
APPROVAL OF MINUTES
Lorch moved and Kauffman seconded a motion to approve the
minutes of the July 14, 2015 meeting of the Kalispell City
Planning Board and Zoning Commission.
VOTE BY ACCLAMATION
The motion passed unanimously on a vote by acclamation.
PUBLIC COMMENT
None.
AGENCY EXEMPTION —
Notice from the Flathead County Board of Commissioners that it
FLATHEAD COUNTY
intends to convert an existing single-family residence to a
MAINTENANCE BLDG
maintenance shop and garage at 1224 First Avenue West,
Kalispell, Montana. The hearing is for the sole purpose of
hearing public comment on the proposal, and the Board does not
make any decision or recommendation on the matter.
STAFF REPORT — KAE-15-04
PJ Sorensen, representing the Kalispell Planning Department,
reviewed the staff report.
Sorensen reviewed the state law that provides agencies exemptions
for any agency of the state that provides notice that it intends to
use land, contrary to what the local zoning ordinance would
otherwise allow. The local jurisdiction sets a hearing providing a
public forum to receive public comment to the agency. The board
does not make any decision or recommendation on the matter.
Sorensen continued the first request is for a single-family house,
located at 1224 15Y Avenue West, which the county is intending to
use for a maintenance/storage facility. Sorensen reviewed the site
plan and photographs of the site. There is no construction however
there may need to be some ADA modifications. State law only
exempts the agency from zoning requirements and not building,
fire or ADA codes.
PUBLIC COMMENT
Linda Dale noted they own the property at 1304 1" Avenue West,
which is a rental. She had the following concerns:
• Noise
• Alley utilities and large vehicles using the alley
Kalispell City Planning Board
Minutes of the meeting of September 15, 2015
Page d
• 8 foot fence installation
Sorensen said there wouldn't be a lot of traffic in the alley since
this is not a facility for the public, just the county maintenance
employees.
Mike Pence, Flathead County Administrator noted there would be
approximately four employees who would use the facility and the
equipment would be lawn mowers and small snow removal
equipment. Pence added this would not be the main office for the
maintenance department just for storing equipment. Vehicles
could be parked at the county owned lot on the other side of the
alley and this would also be where larger equipment would be
stored. No damage will be done to the utility easement areas.
It was noted that the 8 foot fence would only be on the alley side
of the property. It is consistent with the fences on the city shops
and Legend's Field.
BOARD DISCUSSION
None.
AGENCY EXEMPTION —
Notice from the Flathead County Board of Commissioners that it
FLATHEAD COUNTY
intends to construct an entry structure and signage at the Flathead
FAIRGROUNDS SIGN
County Fairgrounds at the entrance near the intersection of North
STRUCTURE
Meridian Road and Two Mile Drive. The property is located at
265 North Meridian Road. The hearing is for the sole pu orp se of
hearing public comment on the proposal, and the Board does not
make any decision or recommendation on the matter.
STAFF REPORT — KAE-15-05
PJ Sorensen, representing the Kalispell Planning Department
reviewed the staff report.
Sorensen noted this item relates to an entrance structure and
signage at the fairgrounds at the intersection of North Meridian
and Two Mile Drive. Sorensen reviewed drawings of the
proposed structure for the board. The reason they need the agency
exemption is that there would be a 0 setback.
PUBLIC COMMENT
None.
BOARD DISCUSSION
None.
CONDITIONAL USE PERMIT
A request from Mountain Plains Equity Group, for a conditional
- TIMBER MEADOWS
use permit in order to construct a 40-unit multi -family (senior living
SENIOR LIVING FACILITY
facility) complex located at 41 Meridian Court, near the intersection
of West Center Street.
Board member Kauffman recused himself due to a conflict of
interest with his firm.
Kalispell City Planning Board
Minutes of the meeting of September 15, 2015
Page 12
STAFF REPORT Jarod Nygren, representing the Kalispell Planning Department,
reviewed staff report KCU-15-03 for the board.
Nygren noted the conditional use permit is a request to construct a
40 unit senior living facility in the B-1 (Neighborhood Business)
zoning district. Multi -family residential units are allowed provided
a conditional use permit is obtained.
Nygren indicated that this property originally received preliminary
plat approval as a six lot commercial subdivision in 2003. This site
was to be accessed from Meridian Court with a city street that
extended south onto 2nd Street West (Lot 13). Lot 13 was
purchased by the developer and rezoned B-1 with the intent of
developing it as a city street. However the project never went to
final plat and has been abandoned. Lot 13 is still zoned B-1 but
there are no plans to extend a city street through it.
Nygren reviewed the surrounding zoning and growth policy
designation and added this use conforms to the zoning and growth
policy designation. Forty parking spaces will be provided,
however they are only required to provide 28.
Staff recommends that the Kalispell Planning Board and Zoning
Commission adopt staff report KCU-15-03 as findings of fact and
recommend to the Kalispell City Council that the conditional use
permit be approved subject to the 12 conditions listed in the staff
report.
BOARD DISCUSSION Osorio-Khor asked if this facility would ever be used for assisted
living and Nygren said the facility is for persons 55 or older but
will not be an assisted living facility. She asked about the parking
spaces that will be provided and Nygren explained the requirement
for parking spaces for a facility of this type is one space per two
units, however, the developer is supplying one space per unit —
double what is required - plus additional spaces for guests and
employees.
PUBLIC HEARING Jason Cronk said he is the CEO for Immanuel Lutheran
Communities which is a full -service retirement community that
has been in Kalispell for 58 years. They offer independent living,
assisted living, skilled nursing and memory care. Over the last
several years they have realized the need for more affordable
living for seniors who are on a low or fixed income. As a result
they have made a plan to find a quality type of structure that they
thought would be a great place for Kalispell seniors who would
meet the criteria. It is more than just an apartment building it is a
community that offers a standard of living that Immanuel Lutheran
Kalispell City Planning Board
Minutes of the meeting of September 15, 2015
Page 13
would be proud to operate.
Don Stephan, President of Mountain Plains Equity Group stated
they are based in Billings although they serve a three -state area
including Montana. They help provide financing for low income
housing through, primarily the use of the low income housing tax
credit program through the Montana Board of Housing. They do
not have the tax credits yet and the application is due October 5`h
For a $7.4 million dollar project the tax credit financing will
account for about $6.3 million. If they are successful in obtaining
the tax credit financing they will then work with local bankers and
lenders to make up the difference.
This is senior housing facility — limited to seniors 55 and older. It
is also income qualified so if you make too much money you
would not be eligible to live in this type of facility, based on the
median income of the area. Of the 40 units 20 are two -bedroom
units and 20 are one -bedroom units.
Osorio-Khor said she thinks this is a wonderful project and she is
glad to hear that our community was picked because we are in
need of affordable housing.
Sterhan added the applications are due in October and the Board
of Housing will make a decision in January of 2016. If they are
successful they plan to break ground in the Spring.
MOTION
Lorch moved and Osorio-Khor seconded a motion to adopt staff
report KCU-15-03 as findings of fact and recommend to the
Kalispell City Council that the conditional use permit be approved
subject to the 12 conditions listed in the staff report.
BOARD DISCUSSION
Graham also thinks this is a well thought out project and he will be
glad to have it in our community.
ROLL CALL
The motion passed unanimously on a roll call vote.
TEXT AMENDMENT -
A request from the City of Kalispell, for a text amendment that
CASINOS
would impose additional regulations on casino development
within city limits.
Doug Kauffman took his seat.
STAFF REPORT — KZTA-15-01
Jarod Nygren representing the Kalispell Planning Department,
reviewed staff report KCU-15-03 for the board.
Nygren noted the text amendment would impose additional
regulations on casino development within city limits and any
property within city limits where casinos are allowed with a
Kalispell City Planning Board
Minutes of the meeting of September 15, 2015
Page 14
conditional use permit, would be affected by the proposed
changes. The City of Kalispell is proposing the amendments to
the Zoning Ordinance to address recent public comment received
regarding casino development within the city. The public
comments stemmed from the new casino located on West Reserve
Drive on the north end of town.
April 7, 2015 the Kalispell City Council held a work session to
discuss the issues raised by the public that relate to casinos in
Kalispell and directed staff to proceed to the planning board to
evaluate potential casino text amendments.
The Kalispell Planning Board held three work sessions and public
comment received included the following issues that needed to be
addressed:
• There are 24 casinos in the city with the potential of 22
additional casinos. The 22 figure comes from the existing
liquor licenses within 5 miles of the Kalispell city limits
and there are some liquor licenses within the city limits
that are choosing not to operate a casino at this time, but
could.
• The current concentration of casinos within the city,
protecting the entrance corridors, and noting there are
certain areas within the city that should prohibit casinos
where there is not a historic pattern of development.
During the work session the board discussed nine options which
included limiting new casino development to only the I-2 zones;
permitting new casinos as only a minor accessory use; extending
the minimum spacing to 600 feet or 400 feet; limiting casino
development to the B-5 zone; drawing a line north of US Hwy 2 or
Idaho Street, which would also prohibit any new casino
development north of the line; drawing a southern line along
Airport Way or Twin Acres prohibiting any casino development
south of the line; creation of a casino overlay district and corridor
standards.
The board ultimately directed staff to proceed with the following
amendments:
1. Increasing the minimum spacing from 300 feet to 400 feet;
2. Create gateway entrance standards;
3. No casinos north of the line situated 300 feet north of
Idaho Street's northern R/W line;
4. No casinos south of the line generally situated at the R/W
lines of Airport Way, Twin Acres Drive and FFA Drive
Nygren provided more detail of the amendments for the board and
Kalispell City Planning Board
Minutes of the meeting of September 15, 2015
Page 15
members of the public who were present, and further detail of the
boundaries proposed.
He noted the sign regulations that would be applied to new casinos
along entrance corridors are currently the regulations in the
existing zoning ordinance.
Staff recommends that the Kalispell Planning Board adopt the
findings of fact and recommend to the Kalispell City Council that
the proposed zoning text amendments be adopted as provided in
the staff report.
BOARD DISCUSSION Lorch expressed his concern that the sign regulations would only
pertain to casino development and not be the same for all
businesses in the entrance corridors. Sign standards that apply to
entrance corridors should apply to all businesses in the corridor.
Jentz said the intent is to prevent the type of gaudy signage
typically associated with casinos.
Graham said when they looked at the B-5 zone it was noted it
would create non -conforming uses and asked for clarification.
Nygren said some members of the planning board didn't feel
comfortable with creating non -conforming uses because it could
create enforcement issues. Jentz added there was also a
recommendation from the board that they didn't want to take a lot
of businesses that today were legal and tomorrow they would be
non -conforming, and limit their ability to expand in the future.
Lorch said normally the expansion of a non -conforming use is an
expansion of the floor space. He asked if staff anticipates that
they would actually count the number of machines in a casino and
Jentz said no, we haven't counted the number of machines in each
casino in Kalispell. That is what they do in Whitefish where more
machines would be an expansion of the use.
Pesola asked how do the amendments apply to the new Town
Pump in north Kalispell and Jentz said they are grandfathered in at
this point and are protected.
PUBLIC HEARING Mayre Flowers, Citizens for a Better Flathead, 35 4i° Street West,
Kalispell stated they appreciate the board's continued diligence on
this issue.
Flowers had the following comments:
• They support the increase in buffer from 300 — to 400 feet
however, under #2 they would suggest that the exception
for the accessory use be removed so that accessory uses
would also have to comply with the 400 foot distance
Kalispell City Planning Board
Minutes of the meeting of September 15, 2015
Page 16
requirement.
• In addition the accessory uses should be within the
boundaries that have been established for casinos. If you
don't limit the additional accessory uses you are continuing
to support the expansion of casinos in the community.
• (3) — Second line — hotels should be added to this list as it
could be a very large use. Flowers suggested there may be
a better way to define that section.
Flowers asked for justification for the 80-20% use for
accessory uses and if that should be reduced, particularly
for buildings over a certain square footage; and the final
sentence of #3 the word generally should be removed.
• (4) The first sentence is missing a word or phrase; and as
appropriate should be removed.
• Page 2 — Is it appropriate to address the signage restrictions
as a corridor -wide issue.
• (4)(b) Limiting the number and location of entrances on a
casino should be further clarified.
• (5) Second line - remove the word "new" to read: "apply to
casinos located..."; and within the 150 feet of the right-of-
way should be replaced with: "along the right-of-way
boundary". She added with the 150 R/W if the intent is to
capture the impact of the signs along that corridor it might
be better not to have the 150 feet included.
• (6) The boundaries for the casino district should be
clarified to the east and west.
• Finally it would be important with the zoning district to
clarify the position of the city and that the public does not
support casinos lining the corridors from Whitefish to
Kalispell and Kalispell to Bigfork/Lakeside. Most districts
have a description of the definition of the district and it
would be important particularly in guidance to businesses
seeking annexation or when businesses come to the county
for approval and need to be consistent with city zoning.
Flowers noted the staff report particularly on Page 4 states: "The
sign standards were created for minor accessory use casinos to
mitigate the negative impacts associated with waiving the setback
requirements normally associated with a casino." She would like
some clarification on what setbacks have been waived.
Jenny LaSorte, 275 Sulky Lane thanked the board for the work
they have done to propose the amendments to restrict casinos
within the City of Kalispell. She would also like to echo the
remarks of Ms. Flowers in that she thinks it is extremely important
to include minor accessory use casinos in those areas where they
are prohibited or any restrictions would be negligible.
Kalispell City Planning Board
Minutes of the meeting of September 15, 2015
Page 17
LaSorte reminded the board members of her previous remarks of
the adverse effects of gambling on the people who can least afford
it, and she added the city officials are supposed to be looking after
our interests.
LaSorte added it is absolutely criminal that there are 24 casinos
within the city limits of Kalispell and a little Vegas should not be
created along the Highway 93 corridor from Kalispell to
Whitefish. She noted the tourists to this area want a family -
friendly Flathead Valley and when you have that many casinos in
one place it is not family -friendly.
She concluded by saying please reconsider and prohibit minor
accessory use casinos and she asked for an explanation of why the
city isn't following the state standard of 600 feet between the
boundary line of another casino, churches, schools, and parks.
MOTION Regier moved and Kauffman seconded a motion to adopt staff
report KCU-15-03 as findings of fact and recommend to the
Kalispell City Council that the proposed amendments be adopted
as provided in the staff report.
BOARD DISCUSSION Osorio-Khor asked if there is a state standard of 600 feet and PJ
Sorensen said one of the important things to keep in mind is that
when it comes to casinos their operations are governed by state
law because they are tied to liquor licenses. The city can't do
anything that is less restrictive than what the state requires so it is
clear that the city is in compliance. He added the state does not
measure from property line to property line but from door to door
so under state law you could actually have two casinos
immediately adjacent to each other, with a zero setback, as long as
they put a door around the corner instead of on the same street. To
avoid having odd results like that the city came up with 300 feet
from property line to property line.
Osorio-Khor asked about the setbacks and Nygren said for minor
accessory use casinos the 300 foot setback (proposed to be
increased to 400 feet) does not apply. Instead additional signage
requirements were placed on the property that the required the
casino use be separated from the main use, such as a restaurant or
bar.
Osorio-Khor noted the incomplete sentence in (4) and Nygren said
that was a typo and it should read: "placed on the casino."
Osorio-Khor asked if the city has a process for non -conforming
use and Nygren said yes. She asked for a definition of minor
accessory use which Sorensen provided. He also provided
examples of accessory casinos such as the Montana Club,
Kalispell City Planning Board
Minutes of the meeting of September 15, 2015
Page 18
Brannigan's and the Hilton Hotel where they have casinos but it is
accessory to the main use. The casino is screened and separated
from the primary use, the size of the casino is limited to a certain
percentage of the overall building, and the signage is limited.
Osorio-Khor asked by keeping minor accessory use casinos in
place would we be creating something that has no teeth and
Sorensen said no because there are a limited number of licenses
available so it is capped. Sorensen explained further.
Osorio-Khor continued on (3) there was concern about the use of
the word "generally shielded or screened". Sorensen said using
the term "generally" has been in the ordinance for some time.
When putting the ordinances together they try to maintain some
flexibility for what makes sense down the road. The word
"generally" allows evaluation of the proposal on the merits. She
said she understood there was only one other opportunity for a
casino and Nygren said within the boundaries yes, however
accessory casinos could be allowed as the amendments are
primarily written for stand-alone casinos.
Osorio-Khor said the board has worked hard to determine what
they want the city to be and it is not a little Vegas but a family -
friendly community and to protect the corridors. She asked if the
east/west boundaries have been clarified and Nygren said yes. He
explained further and added the corridors are protected because
any new casino would not be permitted south of the line and in
between that boundary if there is an area where a casino could be
located it would have to be within 150 of the R/W where the sign
restrictions would apply.
Nygren clarified the proposal is not for an overlay district but
setting boundaries and sign standards.
Lorch said he is concerned that the level of the regulation that is
being proposed has not been vetted with the public very well. It
could be a lack of interest, with the exception of the people who
have regularly attended the meetings, which is appreciated, but he
feels like it is something half -cooked to be sent to the city council.
Pesola said he supports the expansion of setbacks but struggles
with the need for the boundary lines and whether or not the sign
restrictions should apply to all businesses.
Graham agrees with Lorch regarding the lack of community
participation. He also agrees with Pesola that he likes the increase
in setbacks to 400 feet and the 150 R/W buffer however, he cannot
support the amendment with the boundary lines included.
Kalispell City Planning Board
Minutes of the meeting of September 15, 2015
Page 19
There was lengthy discussion regarding the lack of public
participation and not discounting the public that has participated;
the boundary lines and uses that could change the boundaries in
the future; not pigeon -holing casinos in one part of the city; and
the negative impacts of gambling on citizens and the city.
Jentz brought the board back to why they are here. The council
voted 5-4 to approve the last casino on West Reserve because
there was nothing in our books to stop it. Council sent the casino
standards back to the planning board to work on it and staff
developed the amendments based on the board's input. It is the
board's job to send a recommendation forward to the city council.
Regier said he hasn't heard any positive comments to expand
casinos so he will be supporting the amendments with the
boundary lines.
Further discussion was held.
MOTION — DELETE (6) THAT
Lorch moved and Pesola seconded a motion to delete (6) that
ESTABLISHES BOUNDARIES
establishes the boundaries where casinos would be prohibited.
BOARD DISCUSSION
Lorch said if you have the signage and visibility controls, the city
is meeting that intent and it would preclude any significant casino
from entering into any of those areas. Kalispell's market is pretty
well saturated as well so he doesn't feel it is a major threat. He
also agrees that different areas of Kalispell shouldn't be treated
differently — it should be a standard that applies across all zoning
districts.
Osorio-Khor said she never saw this as putting one area in more
jeopardy than another or that it discriminates and she doesn't want
to lose site of the overall importance.
ROLL CALL — DELETE (6)
The motion passed on a vote of 4 in favor and 2 opposed.
BOARD DISCUSSION
Pesola said sending a proposal that has the setback change, while
it may not encompass everything that everyone is looking for in
the form of lines, it does bring something to the council to discuss.
It will probably be a big issue for council no matter what the
recommendation will be.
Osorio-Khor thanked the citizens who came to the meetings and
she appreciates that they took the time to participate and making
the board aware of their concerns.
Regier noted that without the boundaries these negative dots
(casino locations) will just continue to spread. Regier suggested
changing the setback to 600 feet instead of the proposed 400 feet.
Kalispell City Planning Board
Minutes of the meeting of September 15, 2015
Page110
Lorch said he wouldn't support that increase because he doesn't
see a major public outcry and the city council didn't say we should
figure out how to stop them.
Further discussion was held regarding the increase in the setback.
Jentz noted that the major effect of increasing the setback makes
more sense because we are not talking about the small lots in
downtown but the larger suburban lots.
MOTION — CHANGE (1) TO
Regier moved and Graham seconded a motion to change (1) from
600 FEET
400 feet to 600 feet.
ROLL CALL — CHANGE (1)
The motion passed on a vote of 5 in favor and 1 opposed.
ROLL CALL — ORIGINAL
The original motion, as amended, passed unanimously on a roll
MOTION
call vote
OLD BUSINESS:
None.
NEW BUSINESS:
Jentz reviewed the items on next month's agenda.
Jentz noted the Timber Meadows project will be on the October 51h
council agenda however, the city council may wish to have a work
session on the casino text amendments prior to it being scheduled.
ADJOURNMENT
The meeting adjourned at approximately 9:05 p.m.
WORK SESSION:
No work session was held.
NEXT MEETING
The next regular planning board meeting is scheduled for October
13, 2015 beginning at 7:00 p.m. and located in the Kalispell City
Council Chambers, 201 1st Avenue East, Kalispell.
Chad Graham
President
APPROVED as submitted/corrected: / 115
Michelle Anderson
Recording Secretary
Kalispell City Planning Board
Minutes of the meeting of September 15, 2015
Page Ill
PLANNING FOR THE FUMRE
Planning Department
201 1st Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.kalispell.com / planning
APPLICATION FOR CONDITIONAL USE PERMIT
PROPOSED USE: Residential / Affordable Senior Living Facility
OWNER(S) OF RECORD:
Name: Immanuel Lutheran Corporation of Kalispell, Montana c/o: Jason Cronk, CEO
Mailing Address: 185 Crestline Avenue
City/State/Zip: Kalispell, MT 59901 Phone: 406-752-9143
PERSON(S) AUTHORIZED TO REPRESENT THE OWNER(S) AND TO WHOM ALL
CORRESPONDENCE IS TO BE SENT:
Name: _Mountain Plains Equity Group c/o. Donald J. Sterhan
Mailing Address: 2825 3rd Avenue North, Suite 600
City/State/Zip: Billings, MT 59101 Phone: 406-254-1677
LEGAL DESCRIPTION OF PROPERTY (Refer to Property Records):
Street 41 Meridian Court
Sec.
Town-
Range
a
Kalispell, MT 59901
Address: P
No. 13
ship 28
No. 22
Subdivision
Tract
Lot
Block
Name: parts of Hollister Meridian Tracts
No(s). "`
No(s). 11-15
No. ---
Meridian Addition
---
13
1
1. Zoning District and Zoning Classification in which use is proposed:
B-1 Neighborhood Business
2. Attach a plan of the affected lot which identifies the following items: (see attached)
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.
1
3. On a separate sheet of paper, discuss the following topics relative to the proposed
use: (see attached)
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).
I 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, I understand that
any approval based thereon may be rescinded, and other appropriate action taken. The
signing of this application signifies approval for the Kalispell Planning staff to be present
on the roperty for routine monitoring and inspection during the approval and
develojfn nt process.
ant Sig,Lnat _
115-
Date
2
INSTRUCTIONS FOR CONDITIONAL USE PERMIT APPLICATION
1. A pre -application meeting with the planning director or member of the planning staff
is required.
2. Submit the correct fee, (per schedule below) completed application and appropriate
attachments to the Kalispell Planning Department (address on the front of this form).
3. A certified list of all property owners within 150 feet of the subject property is
required with the information listed below. The list can be obtained from the Flathead
County GIS Office (see attached form), or from a title company. Please note: Streets
and roads are not included as part of the 150 feet.
Assessor No Sec-Twn-Rna Lot/Tract No Property Owner & Mailing Address
4. A bona fide legal description of the subject property and a map showing the location
and boundaries of the property.
5. Application must be completed and submitted a minimum of thirty five 135) days
prior to the planning board meeting at which this application will be heard.
6. The regularly scheduled meeting of the planning board is the second Tuesday of each
month.
7. After the planning board hearing, the application is forwarded with the board's
recommendation to the city council for hearing and final action.
8. Once the application is complete and accepted by Kalispell planning staff, final
approval usually takes 60 days, but never more than 90 days.
Conditional Use Permit:
Single-family
(10 or fewer trips/day)
Minor Residential
(2-4 units or 11-49 trips/day)
Major Residential
or more units or 50+ trips/day
Churches, schools, public / quasi -public uses
Commercial, industrial, medical, golf courses, etc.
Administrative Conditional Use Permit
Residential
Commercial/ Industrial
$250
$300 + $25/unit or
10 trips
$350 + $50/unit or / j4�%Iec�Q�j
every 10 trips F+ER
$350 46'TO oT.
$400 + $50/acre or
unit or $.05/sf of
leased space over
5,000 sq. ft.
whichever is greatest
$75
$150
3
Flathead County GIS
800 South Main Street
Kalispell, MT 59901
Phone (406) 758-5540
Fax (406) 758-2139
Certified Ownership List Request Form
Must be filled out by the Planning Office, Surveyor, or Engineer
SUBJECT PROPERTY
OWNER
SUBJECT
PROPERTY
ASSESSOR#
SUBJECT PROPERTY
LEGAL DESCRIPTION
SEC -TOWNSHIP -RANGE
BUFFER FOOTAGE
CONTACT PERSON
CONTACT PHONE
TODAY'S DATE
SPECIAL HANDLING
INSTRUCTIONS
PLANNER, SURVEYOR
OR ENGINEER
SIGNATURE
Orders can be submitted in the GIS office, via mail or email
(gis_ownership@flathead.mt.gov). Incomplete forms will not be accepted.
Certified Ownership List - completed within 1 week from receipt of payment
Certified Ownership List Rush - completed within 24 to 48 hours fi-om receipt of
payment
E
$75.00
$150.00
Timber Meadows
A Ministry of Immanuel Lutheran Communities
Conditional Use Permit — Application Narrative
The property consists of two land parcels; the larger 4.198-acre site is accessed from Meridian
Circle, and a smaller. 16 I -acre parcel fronting on 2°' Street West to the south. A 20-foot wide alley
running east -west bisects the two parcels.
The main building will consist of 44,314 square feet on two levels. The three one-story garage
buildings will total 11,108 square feet.
a. Traffic flow and control:
Upon entering the property from Meridian Court to the north, a visitor can either park in the
spaces provided at the front of the main building, circle through the covered entry (if dropping
off or picking up a person), or circulate around through the garage buildings and back onto
Meridian Court. Signs will be posted with a maxunum speed limit of 15 miles per hour and
speed bumps will be installed if needed. Driveways will be constructed of adequate width and
turning radius to accommodate the minimum standards required by the fire department and
solid waste services.
b. Access to and circulation within the property:
The entrance to the site will be to the north from Meridian Court, which is a public right-of-
way including a sidewalk. Noting the vehicular traffic flow was explained above, there is
ample accommodation for pedestrian traffic. Sidewalks connect all building entries to parking,
garages, and a footpath sited at the rear of the building. The footpath gently meanders through
a series of landscape berms featuring boulders and native trees, shrubs, and grasses. The
footpath offers access to a patio area at the back of the building; this recreational patio will face
and overlook what is soon expected to be an `abandoned' elevated rail spur (which may become
part of Kalispell's bike path and trail system in the near future).
c. Off-street parking and loading:
As a senior living facility, the off-street parking requirement of one space per every 2 dwelling
units results in a requirement of 20 parking spaces. The development provides one single car
garage per unit (40 total) plus 28 additional guest and employee spaces for a total of 68 parking
spaces. As mentioned above, passenger pick up and drop off will occur at the covered entry
drive. There are also two secondary entries at the north and south ends of the building that
provide sidewalk access to the parking lot, driveways, and garages.
d. Refuse and service areas:
A garbage dumpster enclosure will be provided for collection and storage of household waste.
The enclosure will be constructed near the south property line, just off the main driveway.
Trucks will have adequate space to access the enclosure, lift and replace the dumpster, back
up, and continue forward on a driveway loop out of the development. Other service vehicles
(such as buses and vans) will have adequate space for loading and unloading at parking spaces
near the building, or under the covered entry.
An additional garage unit will be dedicated for common area maintenance and storage for
equipment such as lawn mowers, weed eaters, blowers, and snow removal equipment.
e. Utilities:
An 8" sanitary sewer line exists in the alley along the south property line and a separate 8" line
exists in Meridian Court. Ideally, tying into the sewer in the alley would be the best option if
the invert is acceptable, as the existing topography slopes downhill to the south.
An 8" water line exists in both Meridian Court and in2°d Street West. It has yet to be determined
which line the project will tie into. In addition to the domestic water tap, a 4" fire sprinkler
service line, and a centrally located fire hydrant will be provided.
A storm sewer does exist in Meridian Court that the project will tie into if possible.
Accommodations for on -site storm water retention will be made at the southeast and southwest
corners of the property.
A gas main is located in a utility easement on Meridian Court and would have to be extended
approximately 1.50 feet to reach the north property line. A smaller gas line also exists in the
alley to the south.
Power and phone exist adjacent to Meridian Court and overhead in the alley to the south. It is
anticipated the project will access power and phone from the alley.
f Screening and buffering:
Residential and light commercial buildings line 2°a Street West to the south and South Meridian
Road to the east. The three free-standing garage buildings sited in the southeast corner of the
property will help screen the main building from the rear yards of those adjacent lots. The
planting of mature trees and shrubs will help as well. Minimal to moderate screening or
buffering will be required at the north entrance to the property, which abuts a computer network
cabling and telephone company
As discussed in section "b", landscape berming and vegetation will create a buffer between the
rear yard of the facility to the west and the existing railroad spur. The use of landscape boulders
in the southwest corner of the property will be intended to discourage any vehicles trying to
use the unimproved service road through the property along the railroad spur.
g. Signs, yards, and other open spaces:
A low -profile monument sign will be constructed at the entrance to the property along Meridian
Court. The sign will be designed in the same context of the building design and will use some
of the same finish materials. The sign will be indirectly lighted; the light fixtures will be
concealed by landscaping. Other signage on -site will be minimal and will consist of addresses,
directional signs, speed limit signage, and accessible parking signage.
In addition to the well landscaped rear yard and areas around the main building and garages,
other open areas will exist to the northeast and southeast. The area to the southeast is slated for
on -site storm water retention due to its natural topography and will remain a grassed open area.
For additional screening, trees will line the perimeter of the area adjacent to the neighbors to
the south and to the east. The areas directly east and to the northeast will be grassed open areas
with trees and shrubs lining the perimeter at the property lines.
h. Height, bulk, and location of structures:
The width of the main building will be 60 feet, while its total length, although slightly angled,
stretches for approximately 380 feet. The height of the two-story main building at its tallest
point will be approximately 31 feet.
The two larger one-story free-standing garage buildings will be 42 feet wide by 100 feet long
by 18 feet tall. A smaller one-story garage building will be 22 feet wide by 100 feet long by
15 feet tall.
i. Location of proposed open space uses:
The outdoor patio/seating area and footpath on the west side of the property is considered an
active use area to be used mainly by tenants and guests. The entry, parking and driveway areas
in front of tlue main building is considered utilitarian; uses there will be mainly pedestrian and
vehicular circulation, and loading and unloading. The area to east side of the property will act
as more of a natural area to buffer to the adjacent properties, and will see little use.
j. Hours and manner of operation:
This senior housing project is being co -sponsored and co -owned by Immanuel Lutheran
Communities (ILC). ILC is an experienced operator of senior facilities in the Kalispell
community, noting in particular their extensive facilities and services in independent living,
assisted living, nursing care and memory care. Under the direction and guidance of ILC, a Rill -
time professional property management company will be retained to oversee day-to-day
operations and to monitor building activity. One of the apartment units has been designated to
be a "Manager's Unit" to ensure and maintain on -site management presence; the on -site
Manager is a Rill -time employee of the property management company.
This sejvor living facility will be open to residents 24 hours and to visitors from 8 a.m. to 8
p.m. The building is expected to see 1 '/2 trips per day per unit or 60 trips per day.
k. Noise, light, dust, odors, fumes, and vibration:
The senior living facility is expected to be a very quiet neighbor to the adjacent properties,
other than periodic engine noise during daytime hours from lawn maintenance, snow
removal, or garbage collection. Sprinkler noise may be heard during the summer hours.
Designed to house senior citizens (age 55+) in one common building (with indoor corridors),
the risk of noise in this type of facility is rather limited.
All exterior lighting will incorporate Cut-off shields or be directed downward (dark sky) to
avoid excess light bleeding onto adjacent properties.
Dust control and management techniques will be carefully monitored throughout the life of
the building. That said, it is expected that dust control will be a more challenging issue
during construction, as weather conditions affecting the exposed ground (heat, dryness, wind)
may create adverse situations periodically. Such situations are not unfamiliar to experienced
contractors/builders and the project sponsors will require dust control management
techniques (such as soil stabilization and water trucks) to manage the process as effectively as
possible.
After construction is complete, dust control is not expected to be an issue, other than nonnal
dust situations common to most any neighborhood. Besides the large footprint of the
building, the remaining surfaces of the land parcel will be covered by lawn, landscaping,
garages and parking (asphalt). As a result, minimal surface (if any) is exposed to natural
elements as a threat to dust control.
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IMMANUEL LUTHERAN CORPORATION OF KALISPELL, MONTANA
REQUEST FOR A CONDITIONAL USE PERMIT TO CONSTRUCT AND OPERATE TIMBER
MEADOWS - AN AFFORDABLE SENIOR LIVING FACILITY IN THE B-1 (NEIGHBORHOOD
BUSINESS) ZONING DISTRICT. THE PROPERTY IS LOCATED AT 41 MERIDIAN COURT.
FILE# KCU-15-03
PLOT DATE 7/30/15
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REQUEST FOR A CONDITIONAL USE PERMIT
KALISPELL PLANNING DEPARTMENT
STAFF REPORT #KCU-15-03
August 13, 2015
This is a report to the Kalispell City Planning Board and Kalispell City Council regarding a request for a
conditional use permit for the construction of a 40-unit senior living facility. A public hearing on this matter
has been scheduled before the Planning Board for September 15, 2015, beginning at 7:00 PM, in the
Kalispell City Council Chambers. The Planning Board will forward a recommendation to the Kalispell City
Council for final action.
A. BACKGROUND INFORMATION:
Owner/Applicant: Mountain Plains Equity Group
2825 3`d Avenue North, Suite 600
Billings, MT 59101
(406) 254-1677
Background: The subject property originally received preliminary plat approval as a 6-lot commercial B-1
subdivision in 2003. The site was to be accessed from Meridian Court with a city street that extended south
and exited onto 2nd Street West (Lot 13). Lot 13 was purchased by the developer and rezoned B-1 with the
intent of developing this as a city street. The subdivision never went to final plat and that project has since
been abandoned. Lot 13 is still zoned B-1 but there are no plans to extend a city street through it. The new
owners now propose a residential complex on this site which will be developed as a single entity and do not
propose to use lot 13 fronting on 2nd Street West.
Size and Location: The subject property is located at 41 Meridian Court, north of 2nd Street West, east of
the Burlington Northern railroad tracks and approximately 400 feet west of South Meridian. The property
consists of six parcels approximately 4.36 acres in size within the Meridian Subdivision. The property can
be described as the NE4 of the NE4, Section 13, Township 28 North, Range 22 West, P.M.,M., Flathead
County, Montana.
B-2
B-2
B-1
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Figure 1: Vicinity Map and Zoning
Summary of Request: The applicant is requesting a conditional use permit in order to construct a 40-unit
multi -family (senior living facility) complex. Multi -family residential is permitted within the B-1 Zone
provided a conditional use permit is obtained per Section 27.12.030 of the Kalispell Zoning Ordinance.
The multi -family complex will house seniors 55 years or older and will consist of a new two-story 44,314
square foot residential building, three one-story garages totaling 11,108 square feet, surface parking
facilities and landscaping. The senior living facility will be open to residents 24 hours and to visitors from
8 a.m. to 8 p.m. The use is expected to generate 60 vehicle trips per day.
Existing Land Use and Zoning: The property is currently undeveloped grasslands.
W"
Figure 2: View of property from the north
Figure 3: View of property from the north.
2
The property is located within the B-1 (Neighborhood Business) Zoning District. The Kalispell Zoning
Ordinance describes the intent of this district:
"A business district intended to provide certain commercial and professional office uses
where such uses are compatible with adjacent residential areas. The district would typically
serve as a buffer between residential areas and other commercial districts. Development scale
and pedestrian orientation are important elements of this district. This district is also intended
to provide goods and services at a neighborhood level. The district is not intended for those
businesses that require the outdoor display, sale, and/or storage of merchandise, outdoor
services or operations to accommodate large-scale commercial operations. This zoning
district would typically be found in areas designated as neighborhood commercial or urban
mixed use on the Kalispell Growth Policy Future Land Use Map".
Adjacent Land Uses and Zoning: The existing zoning and land uses of the land surrounding the subject
property are as follows:
West: County I-2, railroad tracks
North: B-2, undeveloped and office buildings
East: R-4, undeveloped and single-family homes
South: R-4, undeveloped and single-family homes/non-conforming commercial
Relation to the Growth Policy: The Growth Policy 2020, Growth Management Chapter, states to
encourage housing types that provide housing for all sectors and income levels within the community. In
addition, the Urban -Mixed Use land use category encourages higher -density residential in proximity to
commercial uses and as a transition between commercial and low -density residential.
Utilities/Services: Sewer service:
City of Kalispell
Water service:
City of Kalispell
Solid Waste:
City of Kalispell
Electric:
Flathead Electric Cooperative
Phone:
CenturyLink
Police:
City of Kalispell
Fire:
City of Kalispell
Schools:
School District 45, Kalispell
B. EVALUATION OF THE REQUEST
This application has been reviewed in accordance with the conditional use review criteria in the Kalispell
Zoning Ordinance. A conditional use permit may be granted only if the proposal, as submitted, conforms to
all of the following general conditional use permit criteria, as well as to all other applicable criteria that may
be requested:
1. Site Suitability:
a. Adequate Useable Space: The subject property is 4.36 acres, consisting of lots 11-15 located
off of Meridian Court to the north and lot 13 located off of 2❑d Street West to the south. Lots
11-15 are approximately 4.198 acres and lot 13 is approximately .161 acre. There is no
development proposed on the .161 acre parcel located along 2nd Street West. This parcel
would be best suited for single-family residential development similar in scale to the
surrounding single-family homes. A city alleyway also divides the property along 2nd Street
West from the development to the north. Accordingly, this lot should not be part of this
development and rezoned to R-4, matching the zoning of the surrounding properties to the
east, west and south. The minimum lot area required within the B-1 Zone is 7,000 square feet.
Lots 11-15 are a total of 4.198 acres, which far exceed the area required to meet the applicable
zoning standards for lot size, building setback and height.
b. Height, bulk and location of the building: The proposed senior living facility meets the
required setbacks and height requirements. The proposed structure is approximately 31 feet
tall and the B-1 Zone allows for up to 35 feet tall. The neighboring residential properties are
zoned R 4, which also permits a maximum height of 35 feet. The square footage of the
proposed buildings is 44,314 square feet and there is an additional 11,108 square feet of
detached garages. Structures within the B-1 Zone have a maximum 50% lot coverage
requirement. The proposed structures are covering approximately 32% of the lot. Lastly, all of
the proposed structures meet the required setbacks and the alleyway creates an additional 20
foot buffer from the residential development to the south. Therefore, the height, bulk and
location of the proposed structures are suitable for the site.
Staff presented the existing elevation drawings to the Architectural Review Committee at
their August 25, 2015, meeting. The committee was generally favorable of the design of the
structure. They will provide guidance to the applicant on several methods to further enhance
the structure prior to building permit issuance.
C. Adequate Access: The senior living facility will be taking access via Meridian Court to the
north. Meridian Court is an improved city street and the internal drives meet the minimum
width requirements for ingress and egress.
d. Environmental Constraints: There are no known environmental constraints, such as steep
slopes, streams, floodplains, or wetlands on the property, which could affect the proposed use.
2. Appropriate Design:
a. Parking Scheme/Loading Areas: The off-street parking requirement for senior living facilities
is one space for every two dwelling units. There are 40-units proposed, which would equate to
20 required parking spaces. The development provides one single car garage per unit (40
total) plus an additional 28 spaces for guests and employees for a total of 68 parking spaces.
b. Lighting_ Chapter 27.26 of the Kalispell Zoning Ordinance sets standards for all outdoor
lighting on commercial or residential structures. Exterior lighting installed in conjunction
with the senior facility will be reviewed for compliance with the zoning ordinance during site
development review.
C. Traffic Circulation: The senior living facilities gain their access from Meridian Court, which
is an improved public street that was constructed to city standards for circulation. In the case
of emergency, access to the units will be taken from Meridian Court. The private drives
within the development meet the minimum width requirement for adequate traffic circulation.
4
Access to 2nd Street West across lot 13 was not deemed necessary for emergency services.
d. Open Space: The development is proposing an outdoor patio/seating area and footpath on the
west side of the property. This area is considered an active use area to be used mainly by
tenants and guests. The area to the east side of the property will act as a natural buffer to the
adjacent properties.
e. Fencing/Screening/Landscaping: Excluding the entrance area off of Meridian Court, all of the
required setbacks have trees located within them to screen the adjacent uses. Lawn areas with
berms will be in the immediate areas surrounding the residential structure to augment the
building and trail system being constructed. The area to the southeast will consist of on -site
storm water retention and will remain a grassed open area. The areas to the northeast will be
grassed open areas.
f Signage: A low -profile monument sign will be constructed at the entrance to the property off
of Meridian Court. The sign will be designed in the same context of the building design and
will use some of the same finish materials. Other signage on -site will be minimal and will
consist of addresses, directional signs, speed limit signage and accessible parking signage.
3. Availability of Public Services/Facilities:
a. Police: Police protection will be provided by the Kalispell Police Department. No unusual
impacts or needs are anticipated from the proposed senior living facility use.
b. Fire Protection: Fire protection will be provided by the Kalispell Fire Department. There is
adequate access to the property from the public road system and the building will be
constructed to meet current building and fire code standards. Station 61 is approximately 1.5
miles from the subject property giving good response time.
C. Water: City water is available and would serve the property. The developer will be required
to pay the cost for the utility extension.
d. Sewer: Sewer service will be provided by the City. The developer will be required to pay
the cost for the utility extension.
e. Storm Water Drainage: The applicant intends to construct retention ponds on the southeast
and southwest corners of the property. Storm water runoff from the site shall be managed and
constructed per the City of Kalispell Construction and Design Standards. Final design will be
approved by Kalispell Public Works Department prior to building permit issuance. Prior to
receiving a building permit the developer will need to submit a construction storm water
management plan to the Public Works Department. This plan will need to show how storm
water will be treated and where it will be directed during construction activities.
f. Solid Waste: Solid waste pick-up will be provided by the City.
g. Streets: The primary street frontage is Meridian Court. Vehicles access to the property is via
a driveway on the north side of the property onto Meridian Court.
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h. Sidewalks: Meridian Court has sidewalks to the subject property's northerly property line.
The project site plan shows a network of sidewalks to be used for pedestrian
connectivity/recreation that also connect to the public sidewalk system within Meridian Court.
i. Schools: This site is within the boundaries of School District #5. Since the development is
for seniors, there are not any anticipated impacts.
j. Parks and Recreation: Section 27.34.060 requires approximately 20,000 square feet of
recreational amenities for the development. There is approximately 35,600 square feet of
recreational area proposed with the senior living facility. The recreational area includes the
community lounge area, gym, outdoor patio, lawn and footpath. The west side of the property
is considered an active use area to be used mainly by tenants and guests.
4. Neighborhood impacts:
a. Traffic: The senior living facility gains their ingress and egress from Meridian Court, which
is an improved public street that was constructed to city standards for circulation. Meridian
Court is developed with commercial uses and this access point will not affect the surrounding
residential developments. The development is for seniors 55 years and older and traffic
associated with the development will be limited. Other than visitors to the facility, no
additional traffic is projected with the proposed units. A traffic study needs to be conducted
to determine whether the use will require any additional street improvements.
b. Noise and Vibration: Other than during construction, the senior facility will not create any
objectionable noise and vibration beyond what would normally be associated with senior
housing.
C. Dust, Glare, and Heat: Other than during construction, the senior living facility will not create
any objectionable dust, glare, and heat beyond what would normally be associated with senior
housing.
d. Smoke, Fumes, Gas, or Odors: Other than during construction, the senior living facility will
not create any objectionable smoke, fumes, gas, or odors beyond what would normally be
associated with senior housing.
e. Hours of Operation: The senior living facility will be open to residents 24 hours and to
visitors from 8 a.m. to 8 p.m.
5. Consideration of historical use patterns and recent changes: The area can best be described as
an area in transition. The properties to the north along Meridian Court are developed
commercially. The properties to the south and east along 2nd Street West and South Meridian are
generally residential with some non -conforming commercial uses mixed in. The property to the
west was historically used by Stillwater Forest Products as an industrial use. Historically, the
subject property was annexed into the city with an initial zoning of B-1 to accommodate a 6-lot
commercial subdivision which has never come to fruition. The proposed senior living facility
development will be a compatible use within the area. The development will act as a buffer
between the residential and commercial developments in the vicinity. The development will also
preserve lot 13 along 2nd Street West so it can be developed as a single-family residence rather
than a city street.
6. Effects on property values: No significant negative impacts on property values are anticipated as
a result of the requested conditional use of the property. It can be assumed that property values
will increase since city services to the property are being added and the property is currently
undeveloped.
C. RECOMMENDATION
The staff recommends that the Kalispell Planning Board adopt staff report #KCU-15-03 as findings of fact
and recommend to the Kalispell City Council that the conditional use permit be approved subject to the
following conditions:
D. CONDITIONS OF APPROVAL
General conditions
1. That commencement of the approved activity must begin within 18 months from the date of
authorization or that a continuous good faith effort is made to bring the project to completion.
2. The garage spaces shall be a minimum of 9x20 and are to be used for the parking of automobiles.
Storage of personal items is permitted provided the required 9x20 required parking area remains clear
of any obstructions.
3. Signage shall comply with Chapter 27.22 of the Kalispell Zoning Ordinance.
Prior to issuance of the Building Permit
4. Lots 11-15 of the Hollister's Meridian -Tracts shall be merged into one lot.
5. The building permit application site plan and elevation drawings shall substantially comply with the
approved conditional use permit application site plan and elevations drawings.
6. To ensure the proposed structure is compatible with the architecture and character of the surrounding
neighborhood, the building shall receive Architectural Review Committee (ARC) approval prior to
issuance of the building permit.
7. To ensure the traffic flow and access comply with Kalispell Design and Construction Standards, the
development shall receive Site Review Committee approval prior to issuance of the building permit.
8. To ensure the property is fully landscaped and is compatible with the surrounding neighborhood, a
landscape plan shall be submitted along with the building permit. The landscape plan shall be
approved by the Parks Department prior to issuance of the building permit.
Prior to issuance of the Certificate of Occupancy
9. The sewer service line extension shall be reviewed and approved by the Kalispell Public Works
Department.
10. The extension of the water service line shall occur within the public right-of-way using the
alleyway rather than lot 13. The design and location of the water lines shall be reviewed and
approved by the Kalispell Public Works Department.
11. A letter from the Kalispell Public Works Department shall be submitted to the Kalispell Building
Department stating that all new infrastructure has been accepted by the City of Kalispell.
12. A petition for zoning map amendment shall be submitted for the rezone of lot 13 of the Meridian
Addition Plat to R-4.
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