Loading...
07-13-10KALISPELL CITY PLANNING BOARD & ZONING COMMISSION MINUTES OF REGULAR MEETING JULY 13, 2010 CALL TO ORDER AND The regular meeting of the Kalispell City Planning Board and ROLL CALL Zoning Commission was called to order at 6:00 p.m. Board members present were: Bryan Schutt, John Hinchey, Jason Mueller, C.M. (Butch) Clark, Chad Graham, Richard Griffin and Troy Mendius. Sean Conrad and Tom Jentz represented the Kalispell Planning Department. There were approximately 15 people in the audience. ELECTION OF PRESIDENT Clark moved and Griffin seconded a motion to nominate John Hinchey as the President of the Kalispell Planning Board & Zoning Commission. Mendius moved and Schutt seconded a motion to nominate Bryan Schutt as the President of the Kalispell Planning Board & Zoning Commission. VOTE BY ACCLAMATION The motion to elect John Hinchey as President of the Kalispell Planning Board & Zoning Commission passed on a vote by acclamation of 5 in favor and 2 opposed. ELECTION OF VICE- Griffin moved and Mueller seconded a motion to nominate Chad PRESIDENT Graham as the Vice -President of the Kalispell Planning Board & Zoning Commission. Mendius moved and Schutt seconded a motion to nominate Bryan Schutt as the Vice -President of the Kalispell Planning Board & Zoning Commission. VOTE BY ACCLAMATION The motion to elect Chad Graham as Vice -President of the Kalispell Planning Board & Zoning Commission passed on a vote by acclamation of 5 in favor and 2 opposed. APPROVAL OF MINUTES Clark moved and Mueller seconded a motion to approve the minutes of the June 8, 2010 meeting of the Kalispell City Planning Board and Zoning Commission. VOTE BY ACCLAMATION The motion passed unanimously on a vote by acclamation. PUBLIC COMMENT No one wished to speak. EVERETT REQUEST FOR A request by Loren and Patti Everett to annex approximately 0.37 ANNEXATION AND INITIAL of an acre into the City of Kalispell. The owners have requested R- ZONING 3 (Urban Single Family Residential) zoning on the property. The 0.37 acre project site is located on east side of South Woodland Drive approximately 200 feet north of the intersection of South Woodland Drive and Haven Drive. The property address is 1721 Kalispell City Planning Board Minutes of the meeting of July 13, 2010 Page 1 of 13 South Woodland Drive. STAFF REPORTS KA-10-01 Sean Conrad representing the Kalispell Planning Department reviewed staff report KA-10-01. Conrad reviewed the request for annexation and initial zoning. He said the property is 16,000 square feet and currently there are 2 homes and a detached garage on the property. Conrad reviewed the vicinity map and noted the property lies in the middle of county property that is wholly surrounded by city. Conrad reviewed existing city utilities in the area and noted there are water and sewer lines that run immediately adjacent to this property along South Woodland Drive. Based upon the fact that there are city utilities immediately to the west of this property and its proximity to the existing city limits staff is recommending that the board approve the request. Conrad noted the initial zoning of R-3; the city's Urban Single - Family Residential zoning complies with the existing single-family residential character of this area. The R-3 zoning also complies with the city's growth policy designation of urban residential. Staff recommends that the Kalispell City Planning Board and Zoning Cominission adopt staff report KA-10-01 as findings of fact and recommend to the Kalispell City Council that the property be annexed and the initial zoning for this property upon annexation be R-3, Urban Single Family Residential. BOARD QUESTIONS Griffin asked if other properties in this island are connected to city water and sewer and Jentz said there is a mixture of community water systems in this area and there are some people who have hooked up without annexation. The city did annex a large area to the south where there was a dense hook up pattern that occurred. They also looked at annexing the island about 10 years ago and stopped short of actually annexing the entire Greenacres island area. Hinchey said so it may not have been the city's policy in the past to require annexation for a hook up but now that policy has changed and Jentz said yes. Graham asked if this one property is annexed how would it affect emergency services and Conrad said that is the bigger question and the board can consider recommending to the council that this island be annexed and then the residents will have City of Kalispell Police and Fire services. Also currently emergency services have trouble identifying which properties are within the city limits and which are not when responding to emergencies. Griffin asked if this annexation should be put on hold and then the board would recommend that the city council proceed with the annexation of the Greenacres island. Jentz said the council will be reviewing the next wave of wholly surrounded properties next week to determine Kalispell City Planning Board Minutes of the meeting of July 13, 2010 Page 2 of 13 whether the city should proceed with the annexations which will include this area. Graham said he didn't think everyone in the area wants to be annexed and Jentz reviewed the process of forcibly annexing properties that are wholly surrounded which includes contacting the property owners, holding community meetings, and public hearings before the board for initial zoning of those properties. Jentz added for all practical purposes those properties are already receiving city services and benefits, with the exception of water and sewer, without contributing to those services. Hinchey noted annexation of the entire area would not hinge on a vote of the affected property owners and Jentz agreed and added it is based on the council's decision of whether or not to annex. Clark asked if there would be any adverse effects with taking this property in prior to council's review of the entire area and Conrad said no in fact he said the Fire Chief supports bringing in this property and the Fire Chief fully supports annexation of the entire area. Clark said he sees no reason not to recommend approval of this annexation. APPLICANT/TECHNICAL Loren George Everett —1344 Helena Flats Road, Kalispell. SUPPORT Hinchey asked if they were seeking annexation in the event that their water well or septic fails and Everett said he owns 4 acres and a mobile home court and they have been working on a sale of the mobile home court to the tenants of the court. Everett said they decided to retain their house and a mobile home lot and the only way they could get this separate tract created is by annexation. Everett indicated they would hook up to city services in the future but may be able to use the current systems for at least one year if the tenants of the mobile home court agree. Clark asked how many units are in the mobile court and Everett said there are 32 units. Clark asked if these units would be brought into the city and Everett said he thought within the next 5 years they would be annexed. PUBLIC HEARING No one else wished to speak and the public hearing was closed. MOTION — INITIAL ZONING Clark moved and Schutt seconded a motion to adopt staff report KA- EVERETT ANNEXATION 10-01 as findings of fact and recommend to the Kalispell City Council that the property be annexed and the initial zoning for this property upon annexation be R-3, Urban Single Family Residential. BOARD DISCUSSION Hinchey said initially he was not in favor of this annexation until Kalispell City Planning Board Minutes of the meeting of July 13, 2010 Page 3 of 13 he heard Mr. Everett speak and now he strongly supports a recommendation to city council that they seriously consider annexation of the wholly surrounded properties. ROLL CALL The motion to . approve annexation and initial zoning passed unanimously by a roll call vote. MOTION — WHOLLY Griffin moved and Clark seconded a motion to recommend that the SURROUNDED city council move forward with the annexation of the entire wholly ANNEXATION surrounded island referred to as Greenacres. BOARD DISCUSSION Graham said he wants to make sure that everything is done to address the concerns of the people who live in this area and Jentz said everyone will be contacted by letter inviting them to a public meeting, the annexations will be reviewed by the board and a public hearing will be held. Clark said he is the Kalispell representative on the Evergreen Water and Sewer Board and their drive has been to get as many septic tanks and leaching fields out of the area as they can. There are currently 1800 septic tanks hooked up to the municipal sewer system. Although not all property owners will be supportive of annexation the city is going to have to annex these properties otherwise the state will mandate annexation. Schutt said because it is within state law to forcibly annex these wholly surrounded properties it is the best long-term solution and how that process is managed is up to city council. Mendius said there is a corridor of city limit property down Willow Glen Drive and noted that the city limits in some areas are only the road. In view of that to call this wholly surrounded property is, in his opinion, a stretch. Mendius said if he was on the city council he would be apprehensive of annexing this large block of properties based on that. Mendius added he is not against annexation but if the majority of residents in the block of land were against annexation the city may run into problems. Mendius said he is opposed to this advisory to the city council. ROLL CALL The motion passed on a roll call vote of 6 in favor and 1 opposed. FREEDOM HOUSE A request by the Freedom House of Kalispell, Inc. to operate a CONDITIONAL USE PERMIT clean and sober house (The Freedom House) for men recovering from alcohol or drug addictions. The property where the Freedom House is located is zoned R-4 (Two Family Residential). The property is located on the west side of the street midblock on Third Avenue West between 1 lth and 12th Streets West. The property can be legally described as Lot 4 of Block 146, Kalispell Addition 1 located within Section 18, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. Kalispell City Planning Board Minutes of the meeting of July 13, 2010 Page 4 of 13 The Freedom House is operated as a clean and sober house which provides an environment for persons actively seeking recovery from alcohol and other drugs. Under the Fair Housing Act and the Americans with Disabilities Act, the city's zoning regulations are required to provide reasonable accommodations for such uses. Because of this requirement, no conditions may be placed on the conditional use permit that would not otherwise apply to residences in general. Additionally, the conditional use permit cannot be denied by the governing body and the public hearing is intended as a forum for information and public comment. STAFF REPORT KCU-10-04 Sean Conrad representing the Kalispell Planning Department reviewed staff report KCU-10-04. Conrad reviewed the location of the Freedom House which is on 3rd Avenue West, between 11th and 12th Streets West. The property is zoned R-4 (Two -Family Residential). Conrad said Freedom House is requesting to operate a clean and sober house for men recovering from alcohol or drug addictions. Conrad said that specific type of use is not listed in the city's R-4 zones however there is a provision in the zoning ordinance that allows the zoning administrator to determine the most appropriate classification if that particular use is not listed in the ordinance. Based on the information the city received from the Freedom House clean and sober houses most closely resemble a community residential facility which requires a conditional use permit in the R-4 zoning district. Conrad added typically when this board has seen community residential facilities they need licensing from the state and in this case there would be no licensing requirements. The clean and sober house falls under the provisions of the Fair Housing Act and under the Act cities need to provide reasonable accommodation for people recovering from alcohol and drug addiction. The city's reasonable accommodation for this use is to provide the public forum for the neighborhood's comments. He added staff reviewed this request like other residential community facilities to snake sure it would maintain the outward appearance of a residence and doesn't present any negative impacts to the neighborhood. Conrad reviewed the property and the house and noted surrounding the house is primarily single-family housing however to the north there is a duplex and a small apartment complex. Legends field is also to the south of the property. Although limited signage is allowed in the R-4 zoning district it is mainly limited to charitable organizations, non -profits and individual families. Based on the definitions of signs in the zoning ordinance staff felt that the Freedom House sign went beyond what would normally be found in a residential neighborhood and is recommending that the sign be removed if the conditional use permit is approved. Kalispell City Planning Board Minutes of the meeting of July 13, 2010 Page 5 of 13 Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt staff report KCU-10-04 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 asked the board to review the letters from concerned neighbors that were distributed before the meeting. BOARD DISCUSSION Hinchey said he was confused about the number of occupants and asked if 8 people would be allowed in the facility and Conrad said yes, 8 unrelated persons are allowed in a household. Hinchey asked why this house was defined as a duplex when the units are not connected. Conrad explained in years past when the permit was issued for a duplex the buildings just had to be structurally attached and people would connect them by 2x4's. In the zoning ordinance update there will be a definition of "structurally attached" which includes a common roof line. Current zoning would not allow the 2 separate houses on one lot in an R-4 zone. Graham questioned how 8 men could live in such a small house. Griffin said he was confused by the parking. If there are 8 people plus the manager at the residence there is the potential for 9 cars. Conrad said in the application they anticipate up to 4 cars and since this is being reviewed as a single-family residence they meet the minimum of 2 off-street parking spaces based on the garage and parking in front of the garage off the alley. Griffin asked when would that many cars become an issue for the Police Department and Conrad said if a car has not been moved for 72 hours then it becomes a violation. Conrad added it is a public street so they can park anywhere along the street. Jentz added there are 2 housing units and the parking required is 4 off-street spaces — 2 per unit. Any overflow parking would be on the public street. Griffm said in reading through the letter from the attorney from Washington, D.C. and the attorney's interpretation of Federal law pertaining to the status of the individuals who will be living at the facility, they would be considered handicapped. Conrad said yes, staff looked up the citations in the letter and that is correct. Clark asked if there is any delineation between rentals and purchased property and Conrad said no. APPLICANT/TECHNICAL Randall Marr, P.O. Box 3532, Kalispell said he is the President of REPORT the Board of Directors of Freedom House of Kalispell, Inc. Marr said they are a Montana non-profit corporation operating a clean and sober house at 1128 3rd Avenue West. The Freedom House is a Kalispell City Planning Board Minutes of the meeting of July 13, 2010 Page 6 of 13 safe and sober environment that is provided to newly sober men where they have mutual support and go to meetings together, encourage each other and monitor each other. Their facility is not a drug rehab facility and they do not employ counselors. There is one meeting a week where the residents get together to talk about house issues. Graham said a letter from a neighbor included the Freedom House website page which clearly states that they operate a rehab program and Marr said that is incorrect. There is a national website that lists the Freedom House as a referral but they do not operate a rehab facility. Board members questioned why this facility would not be licensed and Hinchey said it sounds like Freedom House is operating a boarding house and Conrad said yes, they take in men who are trying to get clean and sober and as Mr. Marr said they don't offer any services that would require licensing. Graham noted there is no monitoring other than the manager and there are no rules for the residents. Marr said they have a sober living plan where they must attend AA or NA meetings per week; have an AA or NA sponsor; and curfews are in place. Drug testing is done on a random basis and the residents know they could be tested at any time. They don't tolerate anyone there that is using drugs or alcohol and they don't allow anyone in the house who uses medical marijuana. Marr continued they currently have 5 residents and a volunteer manager. The manager works outside the home during the day but is present in the home at night. If the manager is absent a board member will fill in. The house manager has experience with recovery and is active in AA and NA. In addition the board has developed criteria for the manager's position. The house has 4 bedrooms, one full bath and one % bath. The residents pay monthly rent and commit to 90 days. Major maintenance would be done by the owner and minor items by the men living in the facility. If they become aware that anyone in the house is under the influence of alcohol or drugs they are immediately evicted. If a problem occurs the police will be called. Marr suggested the board do an on-line search for the Oxford House that is a national clean and sober house organization for additional information on the operation of a facility such as this one. Marr said typically there are very few problems at these homes because they are there for a mutual common purpose, to stay sober and drug free and to live productive and responsible lives. There are a lot of fears initially in the neighborhoods when a clean and sober house moves in but the whole point in having this house is to help them clean up and stay off the streets. Marr said chances are that neighborhood has active alcoholics and drug addicts living there that are more of a threat than any man in this Kalispell City Planning Board Minutes of the meeting of July 13, 2610 Page 7 of 13 house would be. Graham asked about the screening process for the residents and Marr said they screen the residents because they want to know who is coming into the house. Marr added however, a prior criminal conviction or being on probation is not something that would exclude a person from moving in. Hinchey asked Mr. Marr's involvement with the house and he said he is the President of the Board of Directors and he visits Freedom House almost daily. Marr said he is essentially the off -site manager of the house and the board has designated him as being the liaison with the manager. Hinchey asked if the tenants come from the court system and Marr said the judges in the city and county are aware of Freedom House but they haven't had any direct referrals from the court system but have had a few referrals from the probation department. Mendius asked Marr to describe the parking situation and Marr said they do have a 2 car garage and 2 parking spaces in front of the garage. Right now there is only one resident who has a car and the reality is a lot of the men are coming in without driver's licenses and cars — they are on bicycles and so parking is not an issue at this point and they don't anticipate that it will be. Mendius asked if these men would be homeless if not in their facility and Marr said no mostly they do not want to return to the environment they were in when they were using. Freedom House is not a shelter but a self-supporting home and the residents pay rent and are already working when they move in. There may have been one person who moved in without anywhere else to go because they do burn bridges with family and landlords when in an active alcoholic or drug use condition. Mendius asked if the residents are from the Flathead and Marr said out of the 5 residents they have now only one is from Helena and the rest are from the Flathead. Graham asked if there is a convicted sexual offender in the house. Marr said at this time they have no one who is a convicted sex offender or anyone listed on the violent offender registry. Marr said he checks the registers when renting to a person. Marr pointed out there are a number of offenders in the neighborhood but not in this house. PUBLIC HEARING Phillip Guiffrida, III stated he owns the duplex located directly north of this facility at 1124 & 1126 3rd Avenue West. He currently has a tenant in 1126 3rd Avenue West and he resides in 1124 3rd Avenue West with his wife and 6 month old child. Guiffrida reviewed a number of concerns listed in the attached letter. Jeannie McFarland, 1135 3rd Avenue West said she lives across the street from Freedom House and agrees with the comments made by Kalispell City Planning Board Minutes of the meeting of July 13, 2010 Page 8 of 13 Mr. Guiffrida. She has concerns with the number of kids who live or hang out by her home who are attending events at Legend's field because now there is this unknown in the neighborhood — 8 adult men from the Freedom House. She is concerned to find the Vice - President of the facility's board is a sexual offender and there is a violent offender living there. She is a single parent and now feels her daughter can't hang out in their front yard any longer. Her other concerns include: the inaccurate information on the website; and the affect the facility already has had on property values. She added they don't have the comfort level in their neighborhood they had before the Freedom House moved in. Melissa Evanoff, 182 North Belmar Drive said she was moving back into a house right next to the entrance of the field and now she is having second thoughts. She has always been a stay at home mom and home schools her kids and she will be going back to work and her kids will be home alone. She also didn't think with the drug/alcohol use by the kids who attend events at the field it is the best place for the residents of Freedom House because they would constantly be exposed to that behavior. She feels this is a disaster waiting to happen. Jerri Guiffrida stated she owns the small apartment complex on the corner. She wants the board to know on Mr. Marr's face book entry he was talking about how well they are doing and that they were thinking about establishing more locations. She said the board can deal with it now or deal with it over and over as it spreads through the whole City of Kalispell and she hopes the board will deal with it now. Phil Guiffrida, Jr., 1506 Greendale Court agreed with his wife in that the situation isn't going to stop here. This is not the right location for this type of facility. His other concerns included: the condition of the home; the house is too small to accommodate 8 adults; parking; and the narrowness of 3rd Avenue West making it difficult for emergency services to respond. He also questioned its "non-profit" status. Allison Bishop, 1115 3rd Avenue West asked that the board and staff generate a report that truly reflects what is going on and don't bias it one way or the other. That will serve everyone the best in the end. Because of the way Freedom House moved in it is difficult to trust that the management there will keep a very detached approach if there are problems. Bishop said she wishes there would have been a more open approach initially that would have allowed them to voice their concerns and work together toward a better resolution. David Mosby, 233 Coclet Lane said he owns property about 1 block from the facility and he wasn't aware that it was there until Kalispell City Planning Board Minutes of the meeting of July 13, 2010 Page 9 of 13 he got a letter in the mail. He has had a lot of exposure to AA, recovering alcoholics and drug addicts, he raised one. All they are trying to do is give these men a place to stay and have a community around them for support. This is not dangerous and if they show signs of acting out they have a contract with the management that says they have to leave. These guys are motivated. They wouldn't be in recovery or doing what they are doing if they weren't motivated which is a lot more than he can say for some of his neighbors. Mosby said there are going to be sex offenders and problems with neighbors anywhere you live and he doesn't see where a group of well -intending guys trying to snake their lives better is going to hurt any neighborhood in Kalispell. He thinks it is a wonderful idea and he is totally for it and he would welcome them next door to him at any time. Beverly Boe, 233 Coclet Lane stated she is David Mosby's wife and when she got the notice in the mail she was very surprised because it sounded like it was already operating and it seemed it should have gone through a public review process beforehand. The facility has little or no supervision and she has mixed feelings about it. She added she agrees with her husband that they could have someone right next door with those problems and not know it. But it seems kind of shady to just slip in to a neighborhood, she added, and at the same time she asked where are these guys going to live if not in our neighborhoods. The best support for them is often alongside people who have been through recovery. MOTION Clark moved and Griffin seconded a motion to adopt staff report KCU-10-04 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 Griffin said in looking at this from a conditional use aspect he is having difficulty in determining what separates this facility from a motel or another business that would charge for rooms by night and Conrad said they are asking for a 90 day commitment and in a hotel/motel it is nightly rentals. Jentz said our zoning ordinance makes the distinction that daily/weekly rent is commercial and 30 days or more is residential. Clark said this is the classic case of a need to be filled but not in my back yard. Clark said it is probably the toughest decision that the board can make because we understand the neighbors are concerned and he understands who the Freedom House board is trying to help. That is why the state has that law and the only time the board rose above it was when a facility already had two houses in a neighborhood and was asking for a third. Because of the objections of the neighbors and the board the applicant, in that case, decided to withdraw the application and open a facility in another part of town. The board could dump this on city council Kalispell City Planning Board Minutes of the meeting of July 13, 2010 Page 10 of 13 with a unanimous recommendation to deny but council would still have to approve it because they have no choice. Clark. said the board should approve the conditional use permit request but added Mr. Marr could have done abetter job of communicating with the neighbors before they moved in. Schutt said it is obvious there has been a lack of communication and there is a serious lack of trust with the entire operation. MOTION — AMEND Schutt moved and Graham seconded a motion to have Freedom CONDITION #1 House hold monthly neighborhood meetings to provide a venue for airing grievances and to be able proactively react to situations before they get out of hand. BOARD DISCUSSION Hinchey noted this appears to be a condition that would not be placed on a residential property. Conrad said based on the public testimony, letters and contacts staff received from the neighbors there was a lack of communication and that is why condition #1 was added to help foster neighborhood awareness and relations with the Freedom House. Jentz said the board can make the amendment to condition #1 and the city attorney can look at it to determine if it is a reasonable condition before it is forwarded on to city council. Hinchey asked Mr. Marr if they would consider meeting with the neighborhood and he said they did send out a flyer before anyone besides the manager had actually moved in to invite the neighbors to contact them if they had a chore that needed to be done. He said they did make some effort to communicate and would like some face-to-face time with the neighbors. He added both he and the manager are available by phone if there are any concerns. Hinchey asked if they had any problem with the condition to remove the sign and Mr. Marr said no. Further discussion was held on the motion to amend condition #1 and it was decided as follows: 2 NDAMENDMENT — Schutt moved and Graham seconded an amendment to the motion CONDITION #1 to suggest quarterly meetings for the first 2 years of operation. ROLL CALL — AMEND The motion and amendment passed unanimously on a roll call vote. CONDITION #1 MOTION — TO LIMIT THE # Schutt made a motion to limit the number of residents to 6 however OF RESIDENTS IN the motion failed due to lack of a second. FREEDOM HOUSE TO 6 Kalispell City Planning Board Minutes of the meeting of July 13, 2010 Page 11 of 13 BOARD DISCUSSION Schutt said recommendations for these facilities are always tough for the board. However it is an important service in the community and he thinks the people who are in recovery are probably less of a threat and disturbance to a neighborhood than people who aren't. Schutt said he will be voting to forward a recommendation of approval on to city council. Hinchey said he feels a lot of the friction began with the sign and the way the process unfolded. Hinchey said it is too bad that neighbors were shocked into realizing what was happening. Hinchey added he thinks the record should show that in the future better communication would go a long way. Griffin said he will be voting against the motion because in his mind this is not the same classification as the other facilities they have reviewed. This facility has no state affiliation; no state licensing; no state governance; no state inspections and is totally free to do anything, anytime, anywhere they want within the laws of the city. Griffin said he doesn't agree the board should be told that they have to recommend approval regardless of the testimony, regardless of behavior and regardless of history. Graham said the board makes recommendations to the city council for approval or denial and he doesn't feel right voting in favor of something that he can't recommend. He added what city council does with it after that will be the final decision but he is voting against this conditional use permit because there is no oversight for the facility. ROLL CALL — ORIGINAL I The motion to approve the conditional use permit ailed on a roll MOTION call vote of 2 in favor and 5 opposed. OLD BUSINESS: I Jentz updated the board on the progress of the zoning ordinance updates. The changes will become effective August 18, 2010. Griffin discussed the issue of the owners of Willow Creek requesting from the city council that they be able to retain their water rights on the property. The council tabled the request until phase 3 of the subdivision to sort out the legal issues. Further discussion was held on updating the subdivision regulations to require water rights always be required to be turned over to the city. In addition Griffin said there were recommendations for changes to Willow Creek's conditions presented to council that the planning board did not have an opportunity to consider. Jentz noted there was discussion by council that these issues should be sent back to the planning board for review but since time did not allow that additional review all but the water rights issue were rejected by council. Kalispell City Planning Board Minutes of the meeting of July 13, 2010 Page 12 of 13 Griffin asked if a development can request an extension on the PUD through council and Jentz said they have 3 years to complete phase 1 of their preliminary plat and can request another year from city council for a total of 4 years. NEW BUSINESS: Graham suggested the board discuss how to handle similar requests for conditional use permits for facilities like the Freedom House in the future. Jentz said this is not a Montana State protected facility it is a Federally protected facility. The board, staff and the neighborhood can get upset about it but when the Fair Housing Act says you shall give reasonable accommodation you shall give reasonable accommodation. Further discussion was held. Jentz noted the board could consider cancelling the August 10t' meeting due to lack of applications. MOTION TO CANCEL THE Clark moved and Schutt seconded a-rAeet ft to cancel the August AUGUST 10, 2010 MEETING 10, 2010 meeting due to a lack of applications. VOTE BY ACCLAMATION The motion passed unanimously on a vote by acclamation. ADJOURNMENT The meeting adjourned at approximately 9:00 p.m. NEXT MEETING The next regular meeting of the Kalispell City Planning Board and Zoning Commission is scheduled for September 14, 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 tentatively scheduled for Tuesday, September 28, 2010 after the regular meeting in the Kalispell City Council Chambers located at 201 First Avenue East in Kalispell. John inchey ident APPROVED as( corrected: A—/�/10 '?2�Lg' Michelle Anderson Recording Secretary Kalispell City Planning Board Minutes of the meeting of July 13, 2010 Page 13 of 13 ,Tl Phillip & Michelle Guiffrida 1124 3rd Ave West Kalispell, MT 59901 July 10, 2010 City of Kalispell Planning Board Members 201 1st Ave East Kalispell, MT 59901 Planning Board Members: I am writing this letter to you in regards to Freedom House of Kalispell's application for conditional use permit. More specifically to comment on sections of your staff report #KCU-10-4, prepared by the Kalispell Planning Department. I will ask that the Planning Department include this letter in your packet for the meeting Tuesday night. The staff report in question has some information that we question the validity of, we have outlined our concerns in this letter. Page 5 Section 1 of the Staff Report titled Site Suitability. Section (A) States that the property is a duplex with an attached garage. This definition leaves a different picture to what is actually the case. The property consists of a home with an unattached (detached) garage. What is making this property a "duplex," is a portion of the unattached garage has been converted into a one bedroom apartment. An off -site manager of Freedom House stated that future goals for the facility were to acquire and rent this one bedroom unattached garage apartment for future Freedom House use. If Freedom House is allowed to have 8 people living in it's current structure, does this mean they can have 16 if they acquire both units? Page 5 Section 2 of the Staff Report titled Appropriate Design. Section (A) States that adequate parking exists. Maximum anticipated parking is for 4 vehicles. The staff report states that there is adequate off street parking along with the garage and in front of the garage. The truth is rebutted in my above statement, knowing that half of the garage is a one bedroom apartment in addition to the fact that the current tenants are using half of the parking in the rear of the facility with their vehicles and boat. This may become a nonissue when they move as they are actively searching for a housing alternative as they do not feel that it is safe to live in their apartment. The words "maximum anticipated," should be more defined as well. Keep in mind that the Freedom House has been changing their minds on a variety of issues at will and we would hate to see this maximum anticipated.amount of vehicles turn into 16. Page 5 Section 2 of the Staff Report titled Appropriate Design. Section (B) States that traffic circulation would not be altered by this facility. Will one of you please drive down our street on the day of a football game or track meet. You are right the addition of an "anticipated," 4 vehicles by this facility will alter traffic on multiple streets as people look for parking. It will also cause more illegal parking which we often see during these functions. Page 5,6 Section 2 of the Staff Report titled Appropriate Design. Section (E.) Signage. We absolutely agree with this section. Within 24 hours of the sign going up 2 months ago, I lost a tenant. The tenant requested to be out of the 30 day requirement of the rental agreement so he could move his family out of the now unsafe neighborhood. Page 6 Section 3 of the Staff Report titled Availability of Public Services/ Facilities, Section (A) Schools. The Staff Report states that no impact is anticipated by operating a facility like this. I beg to differ, introducing eight "adult males," into this neighborhood will certainly impact our schools. While it will most likely not increase attendance in public schools, it will effect school activities due to it's proximity to the High School track. This facility has absolutely no City, State, or Federal oversight. Drug Abuse and Alcohol charges are what most offenders plea bargain down to in court. My question is what other Felonies or Misdemeanors did these "adult males," plea bargain down from. Who is truly living in this facility, who is coming to visit? What happens if God forbid something goes wrong? Will it be during a game? Page 6 Section 3 of the Staff Report titled Availability of Public Services/ Facilities, Section (C) Police. The Staff Report states that there will be no unusual impacts or needs from the police department. Please call the Police Department before stating a fact like this. Upon neighborhood investigation of public record, we have found that the Vice President of Freedom House is a convicted sexual offender. He was sentenced 06/19/2002 for Sexual Abuse of Children. An off sight manager of Freedom House informed neighbors that the person in question was going to be the on -sight manager which prompted multiple calls to police for investigation. As of right now we see him from time to time on the property. We were informed that he was not going to be the on sight manager, however now we hear he is the evening manager. Once again we as neighbors never know the truth as there is no oversight. This facility has created one of the biggest neighborhood watches in Kalispell. Rest assure there will be an impact on our police department. Page 7 Section 4 & 6 of the Staff Report titled Availability of Public Services/ Facilities. Staff Report states that Freedom House will not impact the neighborhood or property values. This statement is incorrect. The introduction of 8 adult males recovering from alcohol and drug addictions has a significant sociological impact on the neighborhood. According to Freedom House requirements, a tenant can be admitted only if he has been sober for 72 hours. While this requirement is adequate for alcohol purging, certain drug addicts will still show major side affects in this allotted time putting the neighborhood at risk. As a duplex owner, I have seen a decrease in property value. Over the last two months I have lost over $6000.00 due to the impacts of Freedom House. In this day and age gathering public information is easy. Within 24 hours of the house signage going up, I lost a tenant. As a Landlord. this is just one form of property value loss. I also had a difficult time getting a new tenant. I had to install a 6 foot privacy fence to make prospective tenants feel safe. I had a conversation with my realtor about impact of this facility on my property value and he feels it will be a significant loss for me if I choose to sell. Amended application attached to the Staff Report page 1. The address of the property owners is incorrect. The address for Comfort Living LLC is 641 Chambers Rock Road, Landenberg PA 19350. The address stated on the application is for the managers of the property, Tara and Skyler Norick. They originally owned this house and then sold it to family members in PA, and are now managing the property. I just wanted this corrected in case the city had to send out information to the property owner and I am afraid this is one of those situations where they are not adequately informed of what is actually going on. In my occupation I see many of these types of facilities on a daily basis. For the most part they are located in an area that interference with the public is not a concern (rural or business settings). The location in question has turned this neighborhood upside down. Neighbors now live in fear as the quality of our life has been affected. The thought that renters can infringe on the property rights of those who own and pay taxes to the city is unacceptable. It is time for the city to fight the fights worth fighting. I am tired of my tax dollars going to pink benches, boulevard trees that do not exist, and airport expansions that very few want. Apathy is not the answer here, I am tired of the State saying this is a City issue and the City saying there is nothing that can be done about it. Freedom House is a for profit business operating in a residential neighborhood. They are using tactics and definitions to get around rules and intimidating the city with lawyers. We are not going to call ourselves a "Community Residential Facility," because we do not want state oversight, as we know they would shut us down. So lets choose Sober Living facility, or maybe Living Sober Facility. I look forward to seeing you all Tuesday night. Sincerely, Phil Guiffrida This letter is in regard to Freedom House located at 1128 P Avenue West Kalispell MT 59901. The first notice we received that they had rented this location, was a sign announcing to neighbors, buyers and renters of this street that they were there, then came an immediate drop in our property values and earning potential in an already bad economy. From the way this location has proceeded from the onset and due to the questionable management associated with this program, I have some grave concerns as to the feasibility of it being a well run program. I don't know how we can monitor that the members entering this facility which only requires that they are sober for 72 hours are not in fact just using this program as a way to stay out of jail on more serious offences. This location is within 2 or 300 feet of Legend Stadium where 100s of minors walk by on a weekly basis, I question how we can protect these children as well as all the neighborhood children. How are we going to protect the young couple who are expecting a child and live in an apartment right on the same property. Facilities such as Freedom House have an inch thick manual on what constitutes harassment from the neighbors, I would like to know where the manual is for the law abiding, tax paying citizens of this neighborhood, I would also like to know how it is that the only people in our society having any rights are the criminals. The people of Flathead Valley need to know that this can happen next door the them at any time and they have no way to stop it. My final question is what are we as a city and a state doing to implement a buffer zone for sexual offenders in regard to their proximity to schools, school facilities, parks, daycare center, etc. If we are not looking at this issue I believe we should be as this buffer zone is normal in most other states. Sincerely, Jerri Guiffrida Allison Ann Bishop 1115 3 ra Avenue W Kalispell MT 59901 July 11, 2010 Kalispell City Planning Board Kalispell MT Kalispell City Planning Board Members: I have reviewed the document #KCU-10-4, pertaining to the Conditional Use Permit application for the Freedom House of Kalispell Inc. I received the letter of notification, sent to property owners located within a specified distance of the location, for the public hearing July 13, 2010. "The planning board and city council may add conditions to the use permit that would maintain the residential character of the neighborhood." I request the following actions from the Kalispell City Planning Board based this authority: Re: La. adequate usable space: "contains an existing duplex with an attached two car garage" and B. Existing Land Use and Zoning: "...and is developed with a duplex." As is visible from outside the properly, the property contains a house with a detached garage. There is no "duplex" —no structural "attachment" between house and garage, a garage that contains an apartment not associated with the Freedom house. Request to Kalispell City Planning Board: • Correct. description of the property in the conditional use permit. • Review the true property description with requirements of conditional use permit to assure that the use of the property is appropriate for the conditional use permit. Re: 2.a. Parking Scheme: "One unit of the duplex.....requires 2 off-street parking places..." As noted above, there is no existing duplex. As it stands, there is a house and a garage with an apartment. This neighborhood is distinctive in the City because it accommodates periodic and very large surges in off street parking associated with Legends Field use for school and community events. There is a need to clearly define parking requirements in any conditional use permit for a property that is part of this longstanding, larger, and needed community use. Residents of this house have also demonstrated their use of alternate transportation —walking and bicycling. I appreciate this example to all of us. I am also aware that both these options are more difficult during winter which may increase vehicle use. Request to Kalispell City Planning Board: • Correct property description allotting required parking to both apartment and house. • Review conditional use permit request for with the actual available on and off street parking to assure that the required off-street parking places are met for both residences at their respective occupancies. • Clearly state parking requirements the conditional use permit. Re: 4. Neighborhood impacts "Impacts to the neighborhood should be relatively insignificant as the residents will be working during the day with an on -site manager enforcing curfew during evening and night hours," and 5. Consideration of historical use patterns and recent changes Accommodation of this facility in the neighborhood does change its character. No other residences in the neighborhood are specifically designated to accommodate a large number of unrelated single gender adults. No other residences have enforced curfew or volunteer on -site manager stipulations. No other residences are designated specifically for persons who are deemed to be in recovery from alcohol or drug addiction. It is incorrect to present this as "no change" in the character of a residential neighborhood. The reports states that residents will be gone during day hours working. However, these working residents also have weekends/non work days, when they are entitled to use their residence for activities —as are we all. Request to Kalispell City Planning Board: • Clearly state that residents occupy the property throughout the week and are entitled to use the property accordingly —which is an honest description —rather than reflecting a biased "how much they will be gone." Re: 6. Effects on Property Values "No significant negative impacts on property values are anticipated." If documentation exists that property values in Kalispell are not affected by the establishment of a property with conditional use permit such as this, cite the documentation in the report. The above statement by itself, specific to this permit and in the context of recent economic downturn and current housing situation, is not supportable. Request to Kalispell City Planning Board: • Remove statement of conjecture. • State that the impact on property values is not documented or cite the documentation that shows the impact. Re: 2.e. Signage: Request to Kalispell City Planning Board: • Assure that the sign is removed, as per recommendation 2. The history of the behavior of the management of Freedom House in the neighborhood has been one of obfuscation. An open course of action was open and not taken; they only applied for the conditional use permit after they were contacted by the City, the City being contacted by neighbors. Their action does not demonstrate an open, ethical, community -minded example for the residents they purport to care about. Residents, who, as part of their step programs, must honestly account for their own behavior towards others. My own experience includes wonderful experiences living in community settings and living for several years in the heart of Seattle Pioneer Square with a neighborhood that included many homeless and substance using persons. I value community placement of persons who are working to recover from alcohol or drug addiction — and I am equally aware of the pitfalls and risks to the individual and community when those efforts fail. The actions that the members of the Kalispell City Planning Board and the City Council set with this conditional use permit will be part of the precedent created for each and every neighborhood in Kalispell. Our neighborhood has worked to ask that every entity involved or affected by the establishment of this facility —from management to neighbors to Planning Board —fulfill their responsibilities as they exercise their rights. I ask the Planning Board correct errors, review corrected information with the applicable ordinances, and assure that the facility is indeed within the parameters of the conditional use permit. These actions will better serve this permit, and future permits for placement of like facilities in the neighborhoods of Kalispell. Respectfully, Allison Ann Bishop July 13, 2010 Freedom House Request for Conditional Use Permit 1128 3rd Ave. West Kalispell, Montana Staff Report #KCU-10-4 To: Kalispell Planning Board From: David and Kathleen Robertson Property owners: 917-919 3rd Ave. West, Kalispell As property owners of ten residences, we have met and dealt with a wide variety of people, most of whom have been good tenants. Unless tenants behave in a publicly inappropriate manner, the neighbors have little or no contact with them. The sign on the front porch could cause problems with neighbors, and apparently has raised concerns. We agree with your decision to have it removed. I find the definition of "handicapped persons" in the Federal Fair housing Act surprising. As we read the request, we believe there will be eight persons living in the home. We were notified of this Request through a mailing that states "The Freedom House occupies one unit of a duplex dwelling". It seems unrealistic to house eight men in one unit of a duplex. The residents are "expected to be employed" and are "required to be out of the house between the hours of 9:00 a.m. and 5:00 p.m". What will the night-time residents do if they are unemployed? That is a serious consideration. There will be a house manager. Is this individual also going to live in this duplex? We would assume so since there will be a night curfew in place and someone will have to monitor and enforce it. What time is the curfew? "There will be no paid therapeutic or counseling staff". Freedom House of Kalispell, Inc. states on their web site http-Hwww.freedomhouse.net/ Services Provided: Drug Rehab, Alcohol Treatment, Inpatient Drug Rehab, Outpatient, Substance Abuse Treatment, and Residential Treatment. There is an obvious conflict here. We are not objecting to or supporting this request. We would like some clarification to insure the final documentation is consistent and clear to all involved. David Robertson Kathleen Robertson Residential drug and alcohol treatment and transitional living programs in nairway nouse eedom House Freedom House at a Glance Drug and Alcohol Treatement Our Drug and Alcohol Treatment Programs Long Term Residential Treatment for Men Transitional Living Programs for Men Transitional Living Programs for Women Frequently Asked Questions Referral Information Alumni Success Stories Photo and Video Gallery News and Articles Events HOME J ABOUT US I CO Residential Drug and Alcohol Treatment in a home-like.atmc The real challenge for those seeking the right alcoholism treatment or drug addict is first realizing there's a problem. Then they must have Faith that help is available, that a better tomorrow awaits them. They must also have the Trust in themselves tc their treatment. Then, and only then, will they be able to find the internal strength—c alcohol and drug free and be able to say, "I found my freedom." At Freedom House, we are overwhelmingly successful in facilitating these milestone structured and disciplined, no nonsense residential treatment program in a halfwa provide a dynamic once -in -a -lifetime opportunity —with no second chance -to get yc life, back on track once and for all. ■ Freedom House at a Glance — We provide an innovative long-term resider treatment program in a halfway house setting for men We also provide trans recovering alcohol and drug addicted women and their children through our I called, The Family Afterward. Our long term residential treatment and transit are conducted in a supportive atmosphere that incorporates the 12-Step bas system, reality therapy, behavior modification and positive peer pressure to I individuals. Click here to read more. ■ Alcoholism Treatment —Alcoholism affects not only those afflicted, but ME society as a whole in a number of devastating ways. In addition to individual, counseling, Freedom House provides long term alcoholism treatment throug and the development of skills for sober living. Click here to read more. ■ Drug Addiction Treatment — Our innovative drug addiction treatment cent restore a person's ability to function, minimize the medical and social complii and addiction, and achieve lasting self-discipline. Click here to read more. The Freedom House Foundation ■ The Freedom House Foundation —The "Foundation" serves as Freedom arm. It is also the primary fundraising source that enables us to offer long ter to those that are unable to afford it. Click here for information on making a to Donate Now... to The Freedom House Foundation. Freedom House accepts residents from our home state of New Jersey as well as all country. Compensation for a resident's stay with us may be funded privately or by m policies, corporate giving programs, community foundations, or other means when a Home I About Us I Contact Us I Drug and Alcohol Treatment I Our Drug and Alcohol Treatment Long Term Residential Treatment for Men Transitional Living Programs for Men Transitional Living Programs for Women Frequently Asked Questions I Referral Information Addiction and Recovery Resources I Alumni Success Stories I Photo Gallery News & Articles I Events I The Freedom House Foundation I Log In I Site Map http://www.freedomhouse.net/ 7/13/2010 Freedom House of Kalispell, Inc. Excellent (not a Federal or State rating) Address 1128 3rd Avenue W Kalispell, MT 59901 Phone Number : ,[Show Phone Number] (Double -Click on map to zoom in) 1Vlap.data'©201'0''Googie'= Terms-of.Use 0.0% financing for 24 months Inpatient Drug Rehab / Dual Diagnosis Primary Services Type of Care Services Drug Rehab, Alcohol Treatment, Inpatient Drug Rehab, Provided OutPatient, Substance Abuse Treatment, and Residential Treatment Payment Type Discription Freedom House of Kalispell, Inc. drug rehab with a primary focus on . Freedom House of Kalispell, Inc. specializes in Editor's Review A clean and sober living home for adult men. On -site manager present. Tell other what you think VVV