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07-13-99KALISPELL CITY -COUNTY PLANNING BOARD MINUTES OF MEETING CD JULY 139 1999 CALL TO ORDER AND The meeting was called to order by Jean Johnson at approximately ROLL CALL 6:02 p.m. Members present were: Rob Heinecke, Greg Stevens, Jean Johnson, Don Hines, Brian Sipe, Bill Rice, and Donald Garberg. Joe Brenneman was excused. Don Mann was absent. The Flathead Regional Development Office was represented by Narda Wilson. There were approximately 13 people in the audience. APPROVAL OF On a motion by Heinecke and seconded by Sipe, the minutes of MINUTES the meeting of June 8, 1999 were approved unanimously as submitted on a vote by acclamation. HUCKEBA, HEAPS & A request by Margaret Huckeba, Timothy and Elizabeth Heaps and KELLY ZONE CHANGE Marian Kelly for a zone change from AG-10 to SAG-5 on approximately 78 acres located on the east side of Smith Lake Road and south of Whalebone Drive approximately 200 feet. STAFF REPORT Narda Wilson of the Flathead Regional Development Office gave a presentation of staff report FZC-99-10 in which staff recommends that the board recommend approval of the zone change from AG- 40 to SAG-5. Wilson explained that there is no zoning to the west of the subject property. The applicants are requesting the zone change in order to family transfer property to children.. Within the 78 acres there are several single family dwellings. This property is rural residential in character. PUBLIC HEARING The public hearing was opened to those in favor of the petition. PROPONENTS Timothy Heaps spoke in favor of the petition and stated that he was available for questions. No one else wished to speak and the public hearing was closed. BOARD DISCUSSION Heinecke asked about family transfers and Wilson explained that even though a family transfer is exempt from subdivision regulations it is not exempt from zoning requirements. Rice asked about the number of potential transfers and Wilson explained that they could potentially have eight parcels and noted the definition of family for a family transfer is: children, spouse (not listed on the deed), and parents. MOTION Stevens moved and Garberg seconded to adopt staff report FZC- 9940 as findings of fact and, based on these findings, recommend Kalispell City County Planning Board Minutes of meeting July 13, 1999 Page 1 of 6 that the Flathead County Commissioners approve the zone change. On a roll call vote all members voted Aye. The motion passed unanimously. SMITH FOOD ZONE A request by Smith Food and Drug Centers, Inc. for a zone change CHANGE from B-3 to B-4 on approximately 4.22 acres on property located between Fourth Avenue East and Third Avenue East south of Idaho Avenue. STAFF REPORT Narda Wilson gave a presentation on staff report KZC-99-3 in which staff recommends that the board recommend to the Kalispell City Council that the requested zone change from B-3 to B-4 be granted. The owners tried to buy the adjoining parcel to the south but were unable to negotiate a price. Therefore they are asking for a B-4 zoning designation in order to alleviate the required setbacks in the B-3. PUBLIC HEARING, The public hearing was opened to those in favor of the petition. PROPONENTS Kirk Randall, representing the applicants, spoke in favor of the petition stating that they are going to build an additional building with ten foot side corner setbacks. Rude Knudsen, son of the adjacent landowners, stated that his parents are not in objection to the progress of the property and are happy to see the removal of the "brick fence". He asked how this zone change would be reflected on the taxes. No one else wished to speak and the public hearing was closed. BOARD DISCUSSION Wilson explained that a residential property within a business zoning district is still assessed as residential for taxes until such time as the property is used for a commercial use. MOTION Garberg moved and Hines seconded to adopt staff report KZC-99- 3 as findings of fact and, based on these findings, recommend to the Kalispell City Council that the requested zone change from B-3 to B-4 be granted. On a roll call vote all members voted Aye. The motion passed unanimously. RANDALL A request by Byron and Lois Randall for a conditional use permit CONDITIONAL USE to allow a community residential facility for four elderly adults on PERMIT property zoned R-3 in an existing single family home located at 120 Crestline Avenue in Kalispell which is east of highway 93 on the south side of Crestline Avenue and south of Buffalo Terrace. STAFF REPORT Narda Wilson gave a presentation of staff report KCU-99-7 in which staff recommends that the board recommend to the Kalispell City Council that the conditional use permit be granted Kalispell City County Planning Board Minutes of meeting July 13, 1999 Page 2 of 6 0 subject to three conditions. Wilson explained that there are potential purchasers of the property that want to use the existing home, with minor modifications to make it handicapped accessible, for a group home in which they would be the owner operators of the facility and would provide 24 hour non -skilled nursing care. Wilson noted that this would be an excellent use of the property and strongly supports the proposal. This use would not significantly impact the neighborhood and would be close to other elderly care facilities. Garberg asked why staff `strongly' supports the application and Wilson answered that the property location is ideal for this use, it is consistent with the character of the area, has adequate on -site parking, there would be no impacts to the neighborhood with this use, and the seniors would be close to any medical needs they might have with the hospital there. Wilson explained that under State Statutes and Montana Supreme Court case law group homes are considered a residential use of a property, and conditions cannot be placed on the conditional use permit that would not generally be applicable to other single family residences. PUBLIC HEARING The public hearing was opened to those in favor of the petition. PROPONENTS Bill Beade, representing the applicants, spoke in favor of the petition. He stated that this home would make an excellent group home for the seniors. He stated that the Joe and Leona Cude had already purchased the property. OPPONENTS Jerry Schnell, 136 Crestline, asked about the number of people that will be providing the care for the seniors. He asked about whether the patients (residents) will be permitted to have cars, plus the cars of the owners, and is there enough on -site parking; he disagreed with the consistency of the neighborhood because this is a residential area; he asked how many bedrooms are in the home and would it be enough for the number of residents planned, questioning the adequacy of the home; there are already a number of assisted living facilities in the area that are more professional; there are traffic concerns. Ruby Donahue, 144 Crestline, spoke against the group home use stating that this is a single family area and they want to keep it their kind of street, this is a commercial use, and they want this to continue to be a residential neighborhood, and agrees with the comments of Mr. Schnell. No one else wished to speak and the public hearing was closed. Kalispell City County Planning Board Minutes of meeting July 13, 1999 Page 3 of 6 BOARD DISCUSSION Stevens stated that the residents are protected by State statute with the right to have and live in a group home. The conditions placed require licensing, inspections and approval from the State Department of Public Health and the Kalispell Fire Marshall. The current owners, or prospective owners, have a legal right that the board and the council cannot do anything about. The specifics of the situation cannot be addressed, other than the licensing requirements, by the board. Garberg stated that zoning exists to protect existing property owners from certain types of encroachment and he is not at all in agreement with the staff that this use would have a minor impact on the neighborhood. If he were an owner of one . of the expensive homes in the area he would feel that this is a commercial use and would not be happy with it. Rice asked about the legal issue. Wilson stated that Montana Code Annotated (76-2-412) states: foster youth group homes and community residential facilities, serving eight or fewer people, is considered a residential use of the property for purposes of zoning and are a permitted use in all residential zoning districts including but not limited to single family districts. Any safety and sanitary issues are regulated by the Department of Public Health and Human Services, and conditions that are not applicable to residential occupancies in a general way cannot be placed on a residential group facility. It is very clear in the statutes that these uses are protected, (group homes of eight or fewer), and allowed in residential neighborhoods. There are certain state requirements etc, but this is regulated and licensed under the state. Johnson stated that the adequacy of the facility and the caregivers is regulated by the state subject to their inspection and Wilson agreed. Rice asked what would happen if the board denied the petition. Wilson explained that if the City Council were to deny the petition and it were litigated they would lose. Because of previous actions of the City on a similar case and the ramifications of that case, the council would not deny this. Stevens stated that one other way it could go would be that the applicants would go ahead and have their group home facility and the City would then be in the position of having to file some type of enforcement action. Heinecke asked about the parking and staffing issues brought up Kalispell City County Planning Board Minutes of meeting July 13, 1999 Page 4 of 6 by Mr. Schnell. It was clarified that additional parking requirements could not be placed on the permit, besides what zoning would require, and the State regulates the number of staff required based on the number of residents. Schnell stated that even if the four residents don't have cars they will have visitors, and that also creates the parking problem and he doesn't think that the adequacy of the floor plan of the house has been answered. Wilson explained that there are six on premise parking spaces on the property, and the State Health Department would determine the adequacy of the building and caregivers. She stated that these uses should be placed on a permitted use, not a conditional use, because the notices cause confusion. These facilities go through this process in order to notice the public, and it is not an issue of the local government, (planning board or council) having any real authority to deny the permit. Heinecke added that he believes that this would fit within this neighborhood. Mr. Beede stated that he understands that neighborhoods have some problems with transient youth group homes in their neighborhood, but he cannot accept people being opposed to having elderly people coming in to their neighborhood. Johnson asked that Wilson add this to the next housekeeping agenda. MOTION Stevens moved and Sipe seconded to adopt staff report KCU-99-7 as findings of fact and, based on these findings, recommend to the Kalispell City Council that the conditional use permit be granted subject to the three conditions as laid out in the report. Heinecke moved to strike condition one as there was no site plan for the board to approve, and Stevens seconded. On a roll call vote Stevens, Johnson, Hines, Sipe, Heinecke, and Garberg voted Aye. Rice voted No. The motion to amend the motion to recommend approval by striking condition one passed on a vote of six in favor and one opposed. On a roll call vote Sipe, Heinecke, Johnson, Rice and Stevens voted Aye. Hines and Garberg voted No. The motion to recommend approval of the conditional use permit, with the amended conditions, passed on a vote of five in favor and two opposed. PUBLIC COMMENT ON Don Hines invited late arrivals to speak on the Smith zoning issue. Kalispell City County Planning Board Minutes of meeting July 13, 1999 Page 5 of 6 SMITH APPLICATION DUE TO LATE ARRIVAL, Mark Miller and Ramona Miller stated that they hold a lease through the year 2000 and 2004 for their business in the Smith ! ` ) building, and they have been told that this building will be torn down by September. Their CPA and attorney recommended that they come to the board and council meetings to speak with the owners, before there is granting of any changes, in order to settle legal issues. He stated that the Smith Corporation is trying to push them out of their lease and they have been unable to get the issue settled. Wilson gave a copy of the staff report to the Millers in order to assist them with the proper phone numbers and addresses. Johnson explained that the only issue addressed by the board is the zoning. That any issues over a lease would be a civil matter and should be taken up with their attorney. Wilson explained that the building department and the zoning administrator will look at the site design but not lease agreements. NEW BUSINESS There was no new business presented. OLD BUSINESS Wilson stated there will be a workshop next Tuesday at 6 p.m. to go over the public facilities section of the master plan. ( Stevens stated that he had worked on a format to address some of the issues. He stated that the appendix in the resource analysis section should be reviewed. Wilson explained that there will be a couple of Evergreen zone changes for the August meeting. ADJOURNMENT The next regular meeting will be Augustl0, 1999 at 6 p.m. The meeting was adjourned by motion at approximately 7:08 p.m. ean A. hnson, President Tricia L ke, ecording Secretary Approved <submitted orrected: / v /99 Kalispell City County Planning Board Minutes of meeting July 13, 1999 Page 6 of 6