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12-08-09KALISPELL CITY PLANNING BOARD & ZONING COMMISSION MINUTES OF REGULAR MEETING DECEM 3ER 8, 2009 CALL TO ORDER AND ROLL The regular meeting of the Kalispell City Planning Board CALL and Zoning Commission was called to order at 7:00 p.m. Board members present were: Bryan Schutt, John Hinchey, Rick Hull, C.M. (Butch) Clark, Chad Graham, Troy Mendius and Richard Griffin, Sean Conrad and P.J. Sorensen represented the Kalispell Planning Department. There were 7 people in the audience. APPROVAL OF MINUTES Hinchey moved and Clark seconded a motion to approve the minutes of the November 10, 2009 meeting of the Kalispell City Planning Board and Zoning Commission. ROLL CALL The motion passed unanimously on a roll call vote. PUBLIC COMMENT No one wished to speak. LOST HORIZON RANCH, A request by Lost Horizon Ranch, LLC for a conditional use LLC/MONTANA ACADEMY permit (CUP) to locate a transitional living program (defined CONDITIONAL USE PERMIT under the zoning code as a group home) for youths 17 to 19 in an existing single-family home located at 520 1st Avenue East. BOARD MEMBER STEPPED Rick Hull recused himself from the discussion due to a DOWN conflict of interest and stepped down. STAFF REPORT KCU-09-10 Sean Conrad, representing the Kalispell Planning Department reviewed staff report KCU-09-10. Conrad said this is a conditional use permit request for Lost Horizon Ranch, LLC to operate a group home on lst Avenue East located between 5th & 6th Streets East. The property is zoned R-4 which is a two-family residential zoning district and there is an existing house on the property. Operation of a group home within the R-4 zoning district requires a conditional use permit. Conrad continued under State law group homes fall under a specific "residential" status that indicates they are permitted in all zones and a conditional use permit is required for the governing body to conduct a public hearing, to inform the public, and notify the neighborhood and he added the city council cannot place any conditions on the permit that would not otherwise be placed on a typical residence within the city. Conrad added the board reviewed a similar proposal from Lost Horizon Ranch about 6 months agowhere the proposed location was on 3rd Street East in the vicinity of their 2 existing group homes. At that time the neighborhood �1 Kalispell City Planning Board Minutes of the meeting of December 8, 2009 Page 1 of 9 expressed their concerns that adding a 3rd home to their neighborhood was pushing the limits so the owners of the Montana Academy elected to withdraw that application and have now applied for the new location on 1st Avenue East. Conrad reviewed the immediate area and surrounding uses for the board. He also reviewed the location of the current group homes operated by Montana Academy in relation to this proposed location for a 3rd group home. Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt staff report #KCU-09-10 as findings of fact and recommend to the Kalispell City Council that the conditional use permit be approved subject to the 2 conditions listed in the staff report. Conrad reviewed the two conditions listed in the staff report and noted staff is recommending the addition of condition #3 that would read as follows: "The approval to operate a group home shall cease if the current property owner, Lost Horizon Ranch, LLC, sells the property. Future property owners seeking to operate a group home or other use listed under Section 76-2-412 M.C.A. shall apply for and receive a conditional use permit prior to operating said use." Conrad added after the staff report was distributed he spoke with the staff at the Montana Academy who have approached all of the neighbors along Ist Avenue East and noted a neighbor was concerned that if the property were to sell the group home conditional use permit would stay with the property. Therefore condition #3 is recommended for consideration and would provide the need for additional review and approval and notification of the neighbors should another type of group home be considered for'this property in the future. Conrad noted the board received letters in their packets from non-profit organizations, including Conrad Mansion and the Food Bank indicating their support for what the Montana Academy students do in the community. BOARD QUESTIONS Griffin said in looking at this facility and dimensions of the home it appears too small to accommodate up to 8 students and a staff member. Conrad suggested Griffin mention this to the applicant so they can address his concern. APPLICANT/ CONSULTANTS John Santa, Montana Academy introduced his wife Carol Santa and John and Rosemary McKinnon, who are the owners of Lost Horizon Ranch. Santa said they have owned and operated the Montana Academy for about 13 years and they have operated the 2 group homes on the east side of Kalispell for about 7 years. Kalispell City Planning Board Minutes of the meeting of December 8, 2009 Page 2 of 9 Santa said they have had an unpredictable flow of students and so at times they have needed a 3rd group home. After withdrawing the application for the home on 3rd Street East they selected a house that is still in a nice neighborhood but is close to Kalispell's downtown commercial area and would be a lesser impact to the community than the previous location. The kids, who almost all are 18 at this point, need a normal home environment. They are in transition between high school, which they are finishing at FVCC, and college either here or in other parts of the country. They also do community service work. Santa added the students are not adjudicated' youth, criminals, sex offenders, or of any particular danger to the community. They are teenagers who. when they first come to the school have been out of control or over-whelmed and not able to function in their home environments. Each home is staffed during the day and evening and at night there is a staff person who patrols the homes and does bed checks every hour on a random schedule. The bed checks assure the students that they are safe and lets them know staff knows where they are. Santa continued in addressing the concern raised by Mr. Griffin, the new house is 2400 square feet with a 900 square foot basement with 3 large egress windows that would be finished and he felt there would be ample space for 8 students, if needed. Santa said they are not expanding their program in any way but trying to accommodate the fact that they cannot always predict how many students will be ready to transition to town. Santa added they have no issues with the addition of condition #3 that was recommended by staff. Hinchey said he heard conflicting statements about 24 hour staffing at night and Santa explained at night when students are sleeping in the houses there is one night staff person who stays awake and patrols the houses every hour on a random basis. The houses are also alarmed so that if anyone were to exit the windows or doors it would trigger an auditory alarm along with an alarm that will notify the night staff. The smoke/fire alarm will also be wired directly to the Kalispell Fire Department. Hinchey asked what problems have they had with students walking away or other disturbances and Santa said in 7 years they have never had a problem reported at night but there was a time when one of the kids did some damage at Woodland Park, which he confessed to and made arrangement to* pay for the damages. Santa said they have had a few kids runaway but most have returned. He added by the time they get to the transition houses they are usually 18 and want to finish their program. Kalispell City Planning Board Minutes of the meeting of December 8, 2009 Page 3 of 9 Griffin said recently schools like this have been closing due partly to the economy and he said when programs have tight funding, maintenance of the property is usually one of the first items to be cut. Santa said they have a good reputation and well -kept facilities are expected. A large portion of their operating budget is for maintenance of the facilities and they have $ 100,000 each year for capital improvements. They are in good financial shape and have very few outstanding debts. Santa indicated during discussions for the last proposed CUP a neighbor mentioned the need for the sidewalk to be repaired along Lost Horizon's property and they did replace the sidewalk using the city's matching funds program. Clark asked if the awake night staff would be walking from the other 2 houses to the 3rd house to do patrols and Santa said they will most likely use a car because of the distance between them. Clark asked about the alarm system and Gretchen Boyer, 285 Rusty Spur Trail, Whitefish, and manager of the Montana Academy group homes said the houses are alarmed by Anchor Alarm and they are tied into their system so whenever an alarm is triggered the night staff gets a call within 15 seconds. And, she said, as Dr. Santa mentioned the smoke/fire alarms are wired directly to the Kalispell Fire Department. Hinchey asked if the alarms have ever gone off and Santa said the only time a smoke alarm has gone off was when they were cooking. Hinchey asked have you ever encountered a resourceful teen who has tried to hot wire the alarm and get out the window and Santa said no. Clark added that is very commendable. John McKinnon, 465 Orchard Ridge Road in Kalispell said he spoke with Ed Corrigan who lives immediately south of this property and Ed said there is a great deal of ignorance about their program and the kids they care for which causes people to worry about who may live there and the security measures that are or are not taken to keep the neighborhood safe. McKinnon said over the years they have been lucky enough to be in demand and they are selective about the kids, and their parents, that they will accept into their program. The kids they choose have never assaulted anyone, or broken into a house, never been arrested, and do not have felony convictions. The kids that are living in one of the group homes in town are not the sort of kids that you have to worry about harming someone — they didn't before they came, they didn't at the ranch and they don't bother the neighbors at the current group homes. McKinnon encouraged the board to contact them for additional information on their program and invited them to visit their facilities. Kalispell City Planning Board Minutes of the meeting of December 8, 2009 Page 4 of 9 PUBLIC HEARING Sue Corrigan, 528 1st Avenue East said she lives directly next door to the proposed group home. Corrigan said they are opposed to the group home. This is, as she understands it, a done deal because according to statutory law they cannot be treated any differently than residences which is very frustrating for them because they can't have more of a voice in this process. She said they have 3 main concerns that they would like the planning board to address: 1. Supervision aspect - Corrigan said she knows they are very selective about their students and. she added she works with at risk students at Flathead High School. Although she does not have the credentials the owners of Montana Academy do but she lives right next door to this home which she feels gives her good credentials. She said included in the definition of a residential group home is there has to be 24 hour supervision and she does not feel that the night staffing described by Dr. Santa is 24 hour supervision. The distance between this group home and the others, whether the night staff drives or walks, will prevent the night staff from providing the same level of supervision that the other group homes receive. Their neighborhood is right off Main Street and there are many people coming from the downtown bars, walking down their alley, drinking beer, and throwing their beer cans around. The current group homes have never been this close to that type of temptation and the kids may make some poor decisions without supervision. Corrigan added high school students need guidance and supervision and she asked the board to consider enforcing the requirement for 24 hour supervision. 2. The inability to transfer the CUP - Corrigan said she is happy to hear that the Montana Academy does not have any problems with the inclusion of that condition. Their fear is that someone else could run group home for 17-19 year old students who don't come from such a reputable background and don't have the training or coaching that the Montana Academy provides. 3. Property Value - Corrigan said in looking through the variances the conditional use permit can be denied based on how it affects the adjacent properties. They are currently talking to several realtors to get an idea of how being next door to this group home will affect their property value and the ability to sell their home. She asked if the board would want to buy a home right next to a group home, no matter who operates it. Corrigan said Montana Academy says they want to honor the desires of the neighborhood and if they truly want to do that Kalispell City Planning Board Minutes of the meeting of December 8, 2009 Page 5 of 9 they would consider their concerns, especially in regard to the issue of supervision. Corrigan said several of her neighbors have lived there, one for 55 years, long before State law 76-2-412 was in effect and had no idea something like this could happen in their neighborhood. Yes this group home is right up against the business district but it is still a family neighborhood where they take care of each other. She thanked the board for their consideration of her concerns. Clark asked Mrs. Corrigan if she considers the conditions of the State statute what does she expect the board to do and Corrigan said listen to the concerns of the neighbors and add a condition requiring 24 hour supervision. Clark said he feels they are already providing 24 hour supervision with the bed checks but Corrigan disagreed and added having someone walk or drive between the homes is not 24 hour care. Jennifer Hull, 436 5th Avenue West stated she lives 2 blocks north of Flathead High School. She said her neighborhood has trouble with the students from the high school such as littering, vandalism, slashing tires and their property values have not gone down. She thinks the private school will have a lot more supervision than the students from Flathead High School which will make it much safer for the neighbors. Maureen Bessey, 543 1st Avenue East thanked Gretchen Boyer who came to her house and spent about 1-1/2 hours discussing what the Lost Horizon Ranch and Montana Academy is all about. She said Boyer was able to address her concerns and she appreciates the board addressing the same issues. Bessey said she is the 3rd generation in their home so they are not concerned about resale value of her house but she does appreciate the concerns of her neighbors. However, she added the Montana Academy is a class act and they won't be dealing with the level of kids you would see in court appointed situations. It is commendable that Montana Academy offers a place for kids to get their lives back together, teaches them moral and ethical values, provides interaction and mentoring, and teaches the students personal responsibility to learn and a sense of neighborhood. She added actions speak louder than words so we shall see. MOTION Clark moved and Mendius seconded a motion to adopt staff report #KCU-09-10 as findings of fact and recommend to the Kalispell City Council that the conditional use permit be approved subject to the 2 conditions listed in the staff report. BOARD DISCUSSION Clark asked staff to address the issue of 24 hour supervision and Conrad reviewed the letter received from the Department of Health and Human Services (DHHS) signed by Roy Kemp during the review of the previous location for a group home. The letter states the DHHS does not approve these type of licenses and it is deferred to a Kalispell City Planning Board Minutes of the meeting of December 8, 2009 Page 6 of 9 Private Alternative Adolescent Residential and Outdoor Programs (PAAROP) board which is run under the Department of Labor. Conrad contacted them and was directed to their website and the chapter that governs programs such as the Montana Academy. Conrad said it is his understanding in relation to care and staffing that the Montana Academy would develop their written policies and procedures and then the PAAROP board approves those policies. Conrad added there is not a clear definition of 24 hour staffing in that chapter. Dr. Santa said Conrad was correct when he described their licensing. The board recognizes different kinds of programs require different kinds of staffing. Santa continued when they started the 2 transitional homes they used the method of having an overnight staff sleeping in each house but they changed to the awake staff with patrols that they are currently using because they felt it was safer. Clark asked Mrs. Corrigan if that answered her questions and she said it may answer Clark's questions but it doesn't alleviate her concerns. Griffin said he has worked with people in this age group for most of his life and he thinks the dictating factor would be one of legal liability. He would not want to be operating one of these homes without some assurance that there is 24 hour supervision and if a parent is paying out thousands of dollars a year for their kid to attend this program he would. think they would have the same concern. However, Griffin continued, this is a residence within the City of Kalispell so it comes under the jurisdiction of police and fire which will provide some assurances things won't get out of control. Graham asked if staff feels condition # 1 is met with the letter from Mr. Kemp and Conrad said no with approval of the CUP they will still have to go to the PAAROP board to get this additional group home licensed. Santa said by adding the new facility the PAAROP board will complete a review and renewal of their license. He added they have one license for their entire program, including the group homes. MOTION - ADD CONDITION Clark moved and Graham seconded a motion to add #3 Condition #3 to read, "The approval to operate a group home shall cease if the current property owner, Lost Horizon Ranch, LLC, sells the property. Future ure property owners seeking to operate a group home or other use listed under Section 76-2-412 M.C.A. shall apply for and receive a conditional use permit prior to operating said use." ROLL CALL - ADD The motion passed unanimously on a roll call vote. CONDITION #3 Kalispell City Planning Board Minutes of the meeting of December 8, 2009 Page 7 of 9 BOARD DISCUSSION Hinchey said he knows that the academy is very well respected and does terrific work and he appreciates the fact that they listened to the planning board's concerns and the concerns of the neighborhood at the other location last June and withdrew the application. However, Hinchey said he still has a problem with the supervision. In addition the PAAROP board hasn't approved the plan of having their awake staff walking or driving between 3 houses especially with this proposed location 8 blocks away. Hinchey said to him that does not mean 24 hour supervision but live-in sleeping staff does. MOTION - ADD CONDITION Hinchey made a motion to add Condition #4 that would #4 require a staff member be present at this location whenever the students are in residence. The motion failed due to lack of a second. BOARD DISCUSSION Clark said having someone awake and patrolling alleviates the concern he had with 24 hour supervision. ROLL CALL The original motion, as amended, passed on a roll call vote of 6 in favor and 1 opposed. BOARD MEMBER Rick Hull returned to his seat on the board. RESEATED OLD BUSINESS: None. NEW BUSINESS: Zoning Ordinance Update P.J. Sorensen said as the board is aware they have had a series of work sessions since March discussing an update to the zoning ordinance and everything has been covered. An open house was held in November where approximately 80 invitations were sent to architects, builders, community groups, etc., and a few board members and architects did attend so staff feels we are ready to move forward to a public hearing. Sorensen said staff is requesting the board make a motion to direct staff to hold a public hearing on the update to the City of Kalispell Zoning Ordinance on January 12, 2010. Schutt noted that is usually the time of year when the city's budget meetings are in full swing and asked if that would be a problem but Sorensen said it would be better to hold the hearing now then later in the spring. MOTION Clark moved and Schutt seconded a motion to direct staff to hold the public hearing before the planning board on the update of the Kalispell City Zoning Ordinance on January 12, 2010. Kalispell City Planning Board Minutes of the meeting of December 8, 2009 Page 8 of 9 BOARD DISCUSSION Graham reminded the board that there were other issues that were deferred in their work sessions including the single family design standards and entrance corridor standards. Sorensen stated staff decided not to include those issues in this update but they will be brought forward individually as text amendments next year. ROLL CALL The motion passed unanimously on a roll call vote. NEW BUSINESS CONTINUED: Griffin reported last evening at the council meeting there was a discussion regarding the Ashley Square request for TIF funds and it was mentioned the request was coming back before the planning board. Conrad said the TIF funding that was before council was based on job creation and therefore went straight to council however if the TIF funding is tied with urban renewal or development of property then a public hearing has to be held before the planning board. The council did table the request and if it will be coming before the board staff will let them know. Griffin said he attended the city airport scoping session and he noted it was a very well -run meeting and another meeting will be held in January. Griffin asked if staff has any idea when that issue will come back to the planning board and Conrad said not at this time. However, Conrad continued, once the city council decides what direction the city wants to go with the airport they will be contacting the board through the City Manager or the Planning Director. ADJOURNMENT The meeting adjourned at approximately 8:15 p.m. NEXT MEETING The next regular meeting of the Kalispell City Planning Board and Zoning Commission is scheduled for January 12, 2010 at 7:00 p.m. in the Kalispell City Council Chambers located at 201 First Avenue East in Kalispell. The next work session of the Kalispell City Planning Board and Zoning Commission is scheduled for Tuesday, January Ole, 26, 2010, at 7:00 p.m. in the Kalispell City Council /1100) 1 SbaTbers located at 201 First Avenue East in Kalispell. I ('V - 1A -I L'�;� Bryan H. Schutt President. ALLI aJ6'f_�� Michelle Anderson Recording Secretary APPROVED as submitted/corrected: -L/-L-L/ 10 Kalispell City Planning Board Minutes of the meeting of December 8, 2009 Page 9 of 9