06. Conditional Use Permit - Adult Care Facility (Tabled May 2, 2011)PlanningDepartment
201 Avenue East
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PLANNING FOR. THE FARE MONT"A.. WWWAalispell.comlplanning
REPORT TO: Kalispell Mayor and City Council
FROM: Tom Jentz, Director
Jane Howington, City Manager
SUBJECT Hayek Conditional Use Permit - Adult Foster Home at 75 Buffalo Hill Dr. -
Remove from Table and Take Action
MEETING DATE: June 20, 2011
BACKGROUND: The Kalispell City Council met on May 2, 2011 to consider a request by Doreen
Hayek for a conditional use permit to operate a licensed adult foster home to accommodate up to four
elderly residents at 75 Buffalo Hill Drive, Kalispell. The Kalispell zoning ordinance defines such
facilities as group homes. The property is zoned. R-3 Residential and a conditional use permit is
required to operate a group home in this zone. The property contains an existing single family
residence and the lot can be legally defined as Lot 3 and the S 1/2 of Lot 4 Golf Course Addition No. 2
located in the Section 61, Township 28 North, Range 21 west, P.M.M., Flathead County, Montana.
The State of Montana (Section 76-2-412 MCA) considers group homes that are licensed by the
Department of Health and Human Services to be residential uses and as such they cannot be denied if
they are operating within a residential zone. At the May 2 council meeting the Hayeks had not yet
secured the required license although they had their application in to the state. The council tabled
action on the Hayek request until the applicants were able to secure the required license from the
Montana Department of Health and Human Services. The Hayek's have now received the required
license from the Department of Health and Human Services (copy attached).
The conditional use permit is now in order for the council to act on. Two conditions have been
attached to the conditional use permit by the planning board insuring that the required state licensing
and any other conditions necessitated by the city building department are implemented prior to
opening and the requirement that this permit be exercised within 18 months.
RECOMMENDATION: A motion to remove Conditional Use Permit KCU- 11-01 from the table is
required.
A motion to approve Conditional Use Permit KCU-11-01 with two conditions attached would be in
order.
FISCAL EFFECTS,.,
effects to the city.
Respectfully submitted,
Torn Jentz
Director
The approval of the conditional use permit would have minimal fiscal
As suggested by the city council.
Report compiled: June 13, 2011
CA
Jane Howington
City Manager
c: Theresa White, Kalispell City Clerk
Norm & Doreen Hayek, P.O. Box 9201, Kalispell, ACT 59904
.attachment-, Hayek license 0042350-001 from Montana Department of Health and Human
Services
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Return to:
Kalispell City Clerk
PO Box 1997
Kalispell, MT 59901
City of Kalispell
P. O. Box 1997
Kalispell, Montana 59903- 1997
APPLICANT: Doreen Hayek
PO Boy. 9201
Kalispell, MT 59904
LEGAL DESCRIPTION: Lot 3 and the South Half of Lot 4 Golf Course Addition No. 2,
located in Section 6, Township 28 North, Range 21 west, P.M.M.,
Flathead County, Montana
ZONE: Residential, R-3
The applicant has applied to the City of Kalispell for a conditional use permit to allow a
group home at 75 Buffalo Hill Drive for up to four (4) elderly people who need assistance with their
basic needs.
The Kalispell City Planning Board and zoning Commission, after due and proper notice, on
April 12, 2011, held a public hearing on the application, tools public comment and recommended that
the application be approved subject to two conditions.
After reviewing the application, the record, the KPD report, and after duly considering the
matter, the City Council of the City of Kalispell, pursuant to the Kalispell zoning Ordinance, hereby
adopts Kalispell Planning Department Conditional Use .Report #KCU-11-01 as the Council's
findings of fact, and issues and grants to the above -described real property a conditional use permit
to allow a group home at 75 Buffalo Hill Drive for up to four (4) elderly people in a Residential, R-3
zoning district subject to the following conditions:
1. That all required licensing, inspections and approvals are obtained from. the State Department
of Health and Human Services, and the City Building Department.
2. That commencement of the approved activity must begin within 18 months from the date of
authorization or that a continuous good faith effort is made to bring the project to
completion.
Bated this loth day of June, 2011.
Tammi Fisher
Mayor
STATE OF MONTANA )
ss
County of Flathead )
On this day of , 2011 before me, a Notary Public, personally
appeared'Tamrni .Fisher, Mayor of the City of Kalispell, known to me to be the person whose name is
subscribed to the within instrument and acknowledged to me that she executed the same on behalf of
the City of Kalispell.
R4 WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal, the
day and year first above written.
Notary Public, State of Montana
Printed Name:
Residing at Kalispell, Montana
My Commission Expires
PLANNING FOR, THE FUTURE MOAY"A.L�
REPORT TO: Kalispell Mayor and City Council
FROM: Tom Jentz, Director
Jane Howington, City Manager
Planming; Department
201 lit Avenue East
Kalispe% MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www. kafis pe11.com/planning
SUBJECT Hayek - Conditional Use Permit for Adult Care Facility at 75 Buffalo Hill
Drive
MEETING DATE: May 2, 2010
BACKGROUND: The Kalispell City Planning Board met on April 12, 2011 and held a public
hearing to consider a request by Doreen Hayek for a conditional use permit to operate a licensed adult
foster family care home to accommodate up to four elderly residents at 75 Buffalo Hill Drive,
Kalispell. The Kalispell zoning ordinance defines such facilities as group homes. The property is
zoned R-3 Residential and a conditional use permit is required to operate a group home in this zone.
The property contains an existing single family residence and the lot can be legally defined as Lot 3
and the S I2 of Lot 4 Golf Course Addition No. 2 located in the Section 6, Township 28 North, Range
21 west, P.M.M., Flathead County, Montana.
The applicants are in the process of being licensed by the Department of Health and Human Services
and as such, a group home according to Section 76-2-412 MCA cannot be denied. The only
conditions that can be applied are those that are typically required of any residence in the city and the
applicants appear to have met all requirements that would allow them to be considered a group home
under the state definition.
At the public hearing, the applicants were in attendance supporting the request. Five people spoke in
opposition of the request, with one of them submitting a petition signed by a majority of the owners
of the 7 adjoining residences on Buffalo Hill Drive. Those in opposition sited the commercial
intrusion of the group home into their neighborhood, the devaluation in property values that would be
experienced by the neighbors because of the commercial use and the unwanted additional traffic
generated by the use. One person spoke in support stating he was in the adjo fining H-1 zone and
would eventually like to convert his residence to a group home in the future as well. The board
discussed the request at great length and generally concluded that while the neighborhood had voiced
concerns, the state law was fairly clear and this project met the criteria of a group home. On a vote of
5-1 the board recommended that the city council approve the conditional use permit with the 2
attached conditions.
RECOMMENDATION: A. notion to approve Conditional Use Permit KCU-11-01 with two
conditions attached would be in order.
FISCAL EFFECTS. The approval of the conditional use permit would have minimal fiscal
effects to the city.
ALTEA.TIvE . As suggested by the city council.
Respectfully submitted,
Hz,,�
z
Tom Jentz Jane Howington
Director City Manager
Report compiled: April 21, 2011
c: 'Theresa White, Kalispell City Clerk
Re: Hayek -- Conditional Use Permit for Adult Care Facility
Dear Jane.
The Kalispell City Planning Board met on April 12, 2011 and held a public hearing to consider a
request by Doreen Hayek for a conditional use permit to operate a licensed adult foster family care
home to accommodate up to four elderly residents at 75 Buffalo Hill Drive, Kalispell. The Kalispell
zoning ordinance defines such facilities as group homes. The property is zoned R-3 Residential and a
conditional use permit is required to operate a group home in this zone. The property contains an
existing single family residence and the lot can be legally defined as Lot 3 and the S 1/2 o f Lot 4 Golf
Course Addition No. 2 located in the Section 6, Township 28 North, Range 21 west, P . M. M.,
Flathead County, Montana.
Torn Jentz, of the Kalispell Planning Department, presented staff report #KCU- 11-01 providing
details of the proposal and the evaluation. He stated that the applicants are in the process of being
licensed by the Department of Health and Human Services and as such, a group home according to
Section 75-2-412 MCA could not be denied. In addition, he stated that the only conditions that could
be applied were those that are typically required of any residence in the city. He comp let ed his
presentation by noting that the applicants appear to have met all requirements that would allow them
to be considered a group home under the state definition.
At the public hearing, the applicants were in attendance supporting the request. Five people spoke in
opposition of the request, with one of them submitting a petition signed by a majority of the 7
adjoining residences on Buffalo Hill Drive. Those in opposition sited the commercial intrusion of the
group home into their neighborhood.., the devaluation in property values that would be experienced by
the neighbors because of the commercial use and the unwanted additional traffic generated by the
use. One person spoke in support stating he was in the adjoining H-1 zone and would eventually like
to convert his residence to a group home in the future as well. The board discussed the request at
great length and generally concluded that while the neighborhood had voiced concerns, the state law
was fairly clear and this project met the criteria of a group home. On a vote of 5-1 the board
recommended that the city council approve the conditional use permit with the 2 attached conditions.
Please schedule this matter for the May 2, 2011 regular city council meeting. You may contact this
board or Torn. Jentz at the Kalispell Planning Department if you have questions regarding this matter.
S incerely,
Kalispell City Planning Board
John Hinchey
President
Attachments: Letter of transmittal
Staff Report #KCU-11 _01 and supporting documents
Draft mutes from the 4/12/2011 planning board meeting
Petition opposing group home
Letter from Michael Ober dated March 25, 2011
c w/ Att: Theresa White, Kalispell City Clerk
c w/o Att: Doreen 1-layer
P.O. Box 9201
Kalispell, MT 59904
HAYEK
REQUEST FOR A CONDITIONAL USE PERMIT
KALISPELL PLANNING DEPARTMENT
This is a report to the Kalispell City Planning Board and Kalispell City Council regarding a
request for a conditional use permit to locate a group home in an emisting home in an R-3,
Residential, zoning district. A. public hearing on this matter has been scheduled before the
Planning Board for April 12, 2011 beginning at 7-.00 PM, in the Kalispell City Council
Chambers. The planning board will forward a recommendation to the Kalispell City Council
for final action.
BACKGROUND INFORMATION.- The proposed group home, Valley View Care, will
accommodate up to four elderly people in an existing home located. at 75 Buffalo Hill Drive.
The applicants have applied for a license from the Montana Department of Health and.
Human Services to operate a licensed adult foster family care home for the care of up to
four adults. The proposed care home is included under the group home definition in the
Kalispell Zoning Ordinance. In addition, group homes are included under a special
provision in the state statutes, section 76--2-412, Montana Code Annotated (M.C.A.) that
gives the group home a specific "residential." status. Because of this special status no
conditions may be placed on the conditional use permit that would not otherwise apply to
residences in general. Additionally, a conditional use permit for this facility (functioning as
a group home) cannot be denied by the governing body and the public hearing is intended
as a forum for information and public comment.
Petitioner: Doreen Hayek
Po Box 9201
Kalispell, MT 59904
(319) 269-1237
A. Size: and cation: The property is located at 75 Buffalo Hill Drive, is
approximately 18,560 square feet in size and can be legally described as Lot 3 and
the S '/2 of Lot 4 Golf Course addition No. 2, located. in Section 6, Township 23
North, Range 21 Nest.
F igure 1: Vier of the future group home from Buffalo Hill Drive
B. Summary of Request: Valley View Care will provide care for up to four elderly
people who need assistance with their basic needs. The home will be licensed
through the State of Montana's Department of Health and Human services, Quality
Assurance Division. This department will not only issue the license but make
periodic inspections of the home.
The exterior of the existing home may change slightly if a handicap ramp is installed.
No other changes to the exterior of the home are proposed and no signs will be
placed on the house or property. Care will be provided by the applicant and her
husband with an alternate care giver at the residence two or three times a week. No
additional traffic is expected other than visits from relatives.
C. Existing Land Use and Zoning: The property is zoned R-3, Residential, and is
developed with a house.
D. Adjacent Land Uses and Zoning: The immediate area along Buffalo Hill Drive is
developed with single family homes. The city's water tower and municipal yells are
located on the north end of Buffalo Hill Drive. East of the property is the Buffalo
Hill Golf Course. An aerial view of the neighborhood is shown in figure 2 below.
0i
Figure 2: Aerial vier of the group home property and adjacent properties
E, Relation to the
Growth Policy: The current Kalispell City Growth Policy Map
designates the Buffalo Hill. Drive neighborhood as urban residential. The urban
residential designation provides the basis for the R--3 zoning designation. Chapter 3,
Policy 10 of the
Growth Policy, states that single family homes are the primary
housing types in the urban residential land use category.
F. Utilities/ services:
Sewer service:
City of Kalispell
Water service:
City of Kalispell
Solid ]Vas to :
City of Kalispell
Gas:
Northwestern Energy
Electric:
Flathead Electric Cooperative
Phone:
C enturyLink
Police:
City of Kalispell
Fire:
Kalispell Fire Department
Schools:
School District #5, Kalispell
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This application has been reviewed in accordance with the conditional use review criteria in
the Kalispell Zoning ordinance.
11 Site Suitability*.
a. Adequate Useable Space: The property is 18,560 square feet in size and
contains an existing house. There is adequate space on the site for the
proposed use as a group home.
b. Adequate Access: The property is accessed off of Buffalo Hill Drive, an
approximately 30 foot wide street. The existing access is adequate to serge
the group home and its occupants.
C. Environmental Constraints: There are no obvious environmental constraints
apparent on the property.
Appropriate Design:
a. Parking.Scheme: The property will be used as a group home and the elderly
tenants will not have their owrn cars. since the group home is considered a
single family residential use per state law, the Kalispell Zoning ordinance
requires two off-street parking spaces per single family residential home. The
existing parking area in front of the garage meets the two required off-street
parking space requirement.
b. Traffic Circulation.: One to two staff vehicles may be present during the day
and night hours. .Additional traffic from visiting relatives is also anticipated.
The use of the house as a group home is not expected to significantly alter
current traffic circulation in the neighborhood.
C. open space: No specific open space requirements are required under the R--3
zoning district other than the required setbacks.
d. Fencing/Screening/Landscaping: The existing house has grass landscaping
typical of a residential neighborhood. No changes are proposed from the
current landscaping on the site.
e. SjMage: No signs have been proposed as part of the application.
f. Exterior Li htin : There are two existing exterior lights on the wrest side of the
home. one porch light by the front door and a motion sensor light above the
garage doors. The lights are consistent with outdoor lighting found in the
neighborhood.
3. Availability of Public Services/ Facilities
a. schools: This site is within the boundaries of School District #5. No impact
is anticipated with the proposed use.
E51
b. Parrs and Recreation: 'There should be no significant impact on the parks
and recreation programs and facilities as a result of this use as the residents
are typically house bound.
C. Police: Police protection will be provided by the Kalispell Police Department.
No unusual impacts or needs are anticipated from the proposed use.
d. Fire Protection: Fire protection will be provided by the Kalispell Fire
Department. No unusual impacts or needs are anticipated from the proposed
use.
e. water: City water currently serves the existing house. No significant impact
on water services can be anticipated as a result of this use.
f: Sevier: Sevier service is currently provided by the City of Kalispell. No
significant impacts on City sewer services can be anticipated as a result of the
proposed use.
g. Storm. water Drainer e: Storm crater runoff from the street and driveways is
directed south of the site to emisting storm water drains.
h. Solid waste: Solid waste pick --up is provided by the City. This project will
have no impact on current services.
i. Roads: Buffalo dill. Drive serves as the access street to the group home. The
street is in good condition.
Neighborhoodimpacts: The group home will be located in a yell -established
residential neighborhood. Impacts to the neighborhood should be relatively
insignificant as the elderly tenants need assistance with their basic needs with no
vehicle traffic generated by the tenants themselves. vehicle traffic will be limited to
the staff and visitors to the home.
5, Consideration of historical use patterns and recent changes: This area has
historically included residential housing with little change over the gears.
6, Effects on property values., No significant negative impacts on property values
are anticipated. As previously mentioned, the proposal is compatible with the
neighborhood, will not create any adverse impacts with regard to noise or traffic
and the use of a house as a group home will have little impact on surrounding
neighbors.
The staff recommends that the planning board adopt the staff report #ICU-11-01 as
findings of fact and recommend to the Kalispell City Council that the Conditional Use
Permit be approved subject to the following conditions:
1. That all required licensing, inspections and approvals are obtained from. the State
Department of Health and Human Services, and the city building department.
2. That commencement of the approved activity rust begin within 18 months from the
date of authorization or that a continuous good faith effort is made to bring the
project to completion.
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TO: Members of the Kalispell City Plan M' g Board and Zoning Commission AND members of the Kalispell City
Council
FROM: Signees noted below, legal residents of Buffalo Hill Drive
SUBJECT: Expression of opposition to conditional use permit for 75 Buffalo Hill Drive
DATE: April4� 2011
IN ® ® M ® ® ® ME ®m an am ME am sea ® am ® mom am ® am ® 0 ® 0 a ®® ®m 0 ® ® non Mom E m am M ® ® ®® a ® 0 ® am a M ®m Emu
NNT THE UNDERSIGNED do formally oppose the granting; of a conditional use
permit for the residence 75 buffalo Mill Drive for the following; reasons:
—This neighborhood is zoned R-3 (residential), bearing with it the inheritant
expectation of reasonable privacy, quiet and density accorded to any residential
neighborhood so zoned.
--fie oppose any conversion of the historic nature of the neighborhood that would
change the type of use from residential to commercial or business.
--Our neighborhood is being substantially encroached upon by commercial and
professional interests, ie Kalispell Regional Hospital and Immanuel Lutheran Home
and other associated business interests that continually detract from the quiet nature
of our small neighborhood.
--We fear the slow and inexorable decline of our property values should this permit
be allowed which would convert one of the eight homes on our street to become a
boarding home operation.
--We oppose any efforts to create a defacto business operation in our residential
area.
--"Business creep" is the first step in the decline of historic residential neighborhoods
and leads to a further degradation of community values, quietude and peaceful
living.
—Potential operators of group homes should seek out those areas in Kalispell that are properly zoned for
such purposes and should not target a neighborhood like ours that has met the legal definitions of
"residential." where our residents have sought a defined area where we can expect the refinements of quiet
wing.
--The granting of this conditional use permit is like a round peg in a square hole. we are not a business
district. It would create additional traffic, noise, congestion and human density. It would create a
commercial atmosphere where one is not wanted re aced or zoned.
—100% of the residents in our one block neighborhood (apart from die requester at 75 Buffalo Hill Drive)
OPPOSE the granting of a conditional use permit as requested:
LEGAL ADDRESS
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From: Michelle Anderson
Sent: Monday, March 28, 2011 7.43 AM
T Sean Conrad
-Subject: FW, conditional use permit at Buffalo Hill Drive
From: Michael Ober rnailto:mober. fvcc.edu
Sent: Friday, March 25, 2011 2:59 PM
To: Michelle Anderson
Subject: conditional use permit at Buffalo Hill Drive
Permit me to submit nay opposition to the granting of a conditional use permit to convert the residence at 75 Buffalo Hill
Drive to an adult care home. our neighborhood is zoned R-3 and must remain that way if we are to have a continued
expectation of privacy, quiet and love density. That's why we have zoning.
Please DENY this proposed "conditional use permit"
our residence is directly across the street from the proposed home at 75 Buffalo Hill Drive and will be immediately and
dramatically affected by the change in the character of our neighborhood including increased density of residential
numbers, increased traffic and noise and, most importantly, a radical alteration in the use of the neighborhood from
residential, which we were zoned for, to commercial and business. This is NOT a business neighborhood. If the new
owners of the above property wish to operate a boarding house in their home, then they should seek out a section of
Kalispell that is legally zoned for that purpose.
Thanks for allowing me to express my thoughts AGAINST this conditional use.
Michael J. Ober
54 Buffalo Hill Drive
Kalispell, Mt 59901
406-257-2040
Planning Department
201 1st Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Pax: (406) 758-7739
www.kalispell.com /planning
APPLICATION FOR CONDITIONAL USE PE12MIT
PROPOSED USE:
11104m* �ft
12.44-.
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Mailing Address:
City/Stale/Zip: �1` S!L''�' ) ��- 5 Phone:
Ct,IPb) 2y9-51z Z,
PERSON(S) AUTHORIZED TO REPRESENT THE OWNER(S) AND TO WHOM ALL
CORRESPONDENCE IS TO BE SENT:
Name: Zc)
r - L /76? U(�'
Mailing Address: �� < 0, L .lam 907 �
City/State/Zip: �/.rs_f% /'/ � �.� �`� L� Phone:
LEGAL DESCRIPTION OF PROPERTY (Refer to Property Records):
Street ty Sec. Town- Range
Address: /� B � � � i �� �Qi/%, No. �0 ship �� No.
Subdivision W
Tract Lot Block
Name: 1dCr�UI�S� ,/y�G?�, ,N�.� No(s). No(s)^5 No.
1. Zoning District and Zonin Classification in which use is proposed:
2. Attach a plan of the affected lot which identifies the following items:
a. Surrounding land uses.
b. Dimensions and shape of lot.
C. Topographic features of'lot.
d. Size(s) and location(s) of existing buildings
e. Size(s) and location(s) of proposed buildings.
f. Existing use(s) of structures and open areas.
g. Proposed use(s) of structures and open areas.
h. Existing and proposed landscaping and fencing.
1
3. On a separate sheet of paper, discuss the following topics relative to the proposed
use:
a. Traffic flow and control.
b . Access to and circulation within the property.
C. Off-street parking and loading.
d. Refuse and service areas.
e . Utilities.
f. Screening and buffering.
g. Signs, yards and other open spaces.
h . Height, bulk and location of structures.
z. Location of proposed open space uses.
J . Hours and manner of operation.
k. Noise, light, dust, odors, fumes and vibration.
4. Attach supplemental information for proposed uses that have additional
requirements (consult Planner).
I hereby certify under penalty of perjury and the laws of the State of Montana that the
In.forrn ation submitted herein, on all other submitted forms, documents, plans or any
other information submitted as a part of this application., to be true, complete, and
accurate to the best of my knowledge. Should any information or representation
submitted In connection with this application be incorrec't or untrue, I understand that
any approval based thereon. may be rescinded, and other appropriate action taken. The
signing of this application signifies approval for the Kalispell Planning staff to be present
on the property for routine monitoring and Inspection during the approval and
development process.
/V/W
Applicant signature ate
0
Valley View Care
Kalispell, MT 59904
In re. Application for Conditional Use Permit
75 Buffalo Hill Dr., Kalispell, MT 59901
Item #3 of Application for Conditional Use Permit
It is our intention to open a Four Person Adult Care Home in the above stated location. This will be used
to create a loving home environment for elderly people who are no longer able to care for themselves in
their own home. These elderly adults will be completely ambulatory who need assistance with their
basic needs. In our research we have found that there is a large percentage of the elderly population
looking for this type of home environment. with the aging population of our "Baby Boomers", the need
will continue to increase.
The State of Montana's Department of Health and Human Services, Quality Assurance Division will issue
our hone a license for only four elderly adults. This department will make surprise visits inspecting our
home for continuity and cleanliness.
We will be charging half the price of what the larger assisted living and nursing home care facilities
charge making our hone more affordable to this segment of the population.
The traffic flow will be at a very minimum to this home as these elderly people will not be able to drive.
There will be no parking on the street as the horse -shoe drive and straight drive to the garage will be
adequate for the little activity this adult care home will require. There will be no signs placed on the
house or in the front yard. The exterior appearance of the home will remain the same. There may be a
handicap ramp installed under the front porch to the front door if needed. This home will have normal
household hours with an alternative care giver coming to the residence two or three times a week.
m
17"J-1
APPLICANT: Doreen Hayel�
0
FILE NOO KCU-11-01
.............. ... . . .
Date: 3 6 43-/
0
S-T-RQ 6-28-21
Tract/Lot: Lot 3 & pt. Lot 4, Golf Course Addition,
Doreen Hayek
P.O. Box 9201
Kalispell, MT 59901.'
Thomas F. West
75 Buffalo Hill Drive
Kalispell, MT 59901
Fk.
Doreen Hayek Thomas F. west Salvation Army
P.O. Box 9201 75 Buffalo Hill Drive P.O. Box 9219
Kalispell, MT 59904 Kalispell, MT 59901 Seattle, WA 98109
Ronnie & Margaret Swindall
74 Buffalo Hill Drive
Kalispell, MT 59901
David Reese
5 2 1/2 Buffalo Till Drive
Kalispell, MT 59901
Carol Roth
85 Buffalo Hill Drive
Kalispell, MT 59901
Northwest Horizons, Inc.
ADO/o KRM C / Jim olive rson
310 Sunnyvi.ew Lane
Kalispell, MT 59901
John & Angela Tollerson
64 Buffalo Hill Drive
Kalispell, MT 59901
Maurice Buls
61 Buffalo Hill Drive
Kalispell, ITT 59901
Larry & Marjorie Simpson
55 Buffalo Hill Drive
Kalispell, MT 59901
Dale Haarr
80 Buffalo Hill Drive
Kalispell, MT 59901
Michael & Alanna Ober
54 Buffalo Hill Drive
Kalispell, MT 59901
City of Kalispell
Attn : City Clerk
P.O. Box 1997
Kalispell, MT 59903
PLANNING FOR.THE FUTURE M 0�i�N.�
Planning Department
201 1"Avenue East
Kalispell, NIT 59901
Phone: (406) 758-7940
Pax: (406) 758-7739
www.kalis ll.com/planning
You are being sent this notice because you are a property owner within 150 feet of the proposed project noted below
and will be most directly affected by its development. You have an opportunity to present your comments and
concerns at the meeting noted below. You may contact this office at (406) 758-7940 for additional information or
visit our website at wwul.kalis ell.coirn/lazzniii r under "Planning Board Projects". written comments may be
submitted to the Kalispell Planning Department at the above address prior to the date of the hearing, or email us at
lame kalis elI.com.
NOTICE OF PUBLIC HEARING
ALISPELL CITY PLANNING BOARD AND ZONING COMMISSION
APRIL 12, 2011
The regular meeting of the Kalispell City Planning Board and Zoning Commission is scheduled for
Tuesday, April 12, 2011 ,beginning at 7:00 PM in the Kalispell City Council Chambers, Kalispell
City ball, 201 First Avenue East, Kalispell. The planning board will hold a public hearing and take
public comments on the following agenda. items. The Board will make a recommendation to the Kalispell
City Council who will take final action.
1. A request from Todd and Theresa Cardin to annex a 0.26 of an acre (11,325 square feet) lot and
zone the land R-2 (Residential) upon annexation. The lot is located on the west side of South
Woodland Drive at the intersection of South woodland Drive and the southern lane of Quincy
Loop. The property is currently undeveloped. The 0.26 of an acre site can be legally described
as Lot 5 of Block 3, Green Acres Northwest, as shown on Certificate of Survey 18774 located in
the SE V4 of Section 17, Township 28 North, Range 21 west.
2. A request by Doreen Hayek for a conditional use permit to operate a four --person adult care home
within an existing single family residence. The house is located at 75 Buffalo Hill Drive and the
property is zoned R--3 (Residential) which requires a conditional use permit for the proposed use
within the district. The property can be legally described as Lot 3 and the S V2 of Lot 4 Golf
Course Addition No. 2, located in Section 6, Township 28 North, Range 21 west.
3. A request by Samaritan House, Inc. for a conditional use permit to allow the kitchen and cafeteria
at the former US Army Reserve Center to serve meals to the re§idents of the Samaritan House
homeless shelter. Breakfast, lunch and dinner will be served at the cafeteria with approximately
20 people served during breakfast and lunch and up to 40 people served during dinner. 1n
addition to serving meals, the Samaritan House will also use portions of the Center for food,
clothing and furniture pantries for residents of the Samaritan House. The former US Army
Reserve Center is located at 1110 Second Street west at the northeast corner of the intersection of
South Meridian Road and Second Street West. The property is approximately 2.4 acres in size
and can be described as Assessor's Tract 5DAB located in section 18, Township 28 North, Range
21 west.
paying for such as police, and the use of city parks and streets.
Graham noted a typo on the cost of services analysis which will be
corrected before being forwarded to city council.
Graham asked the value of a home that would break even and Jentz
said about $400,000. Jentz added commercial and industrial
properties typically pay the lion's share of taxes in any city.
Guiffrida asked under total taxable value wouldn't that value be split
3 ways, county, city and education and shouldn't there be some sort
of income, Jentz said the analysis is the income to the city only.
Guiffrida asked who owns the lots to the west of the property and
Jentz said these lots are all owned by the applicant.
Clark noted the board and city council has always supported infill
and Jentz agreed.
APPLICANT/TECHNICAL
SUPPORT
PUBLIC HEARING I No one wished to speak and the public hearing was closed.
MOTION Clark moved and Griffin, seconded a motion to adopt staff report
KA-1 l -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.-2, Residential.
BOARDI U l Guiffrida asked why the city isn't annexing all of these lots and
Jentz explained the city council has directed staff not to forcibly
annex properties and only consider annexation in this area when
requested by the property owner. Guiffrida said if this area
continues to develop there would then be a small island of county
property that is not annexed which could create an issue with
emergency response or the lots could become livestock related,
such as a pig farm which could become an issue in the future.
Jentz noted these lots are currently zoned county R- 2 which is also
a residential zone and there is a functioning access road which is
maintained. when this area develops in the future these lots will
probably come into the city due to the small lot size that will
require city services.
ROIL CALF (The motion passed unanimously by a roll call vote.
CONDITIONAL USE PERMIT A request by Doreen Hayek for a conditional use permit to operate
— ADULT CARE HOME a four -person adult care home within an existing single family
residence. The house is located at 75 Buffalo Hill Drive and the
property is zoned R--3 Residential.
Kalispell City Planning Board
Minutes of the meeting of April 12, 2011
Page 2of12
A. U- Tom Jentz representing the Kalispell Planning Department reviewed
staff report KCU-11-01.
Jentz reviewed a vicinity map and an aerial view of the property for
the board. Jentz said the applicants are leasing the house and are
proposing to operate an adult care facility which is defined as a
group home under the city's zoning ordinance. Group homes are
permitted by a conditional use and the purpose of the permit is to
provide an opportunity to review the use, place any conditions on the
property that would be appropriate and make a recommendation to
move the permit to city council.
Jentz noted the board has dealt with many group home conditional
use permits and as they know the State of Montana has passed a law
that states group homes such as this proposal that are licensed by the
Montana Department of Health and Human Services, and that meet
their licensing guidelines are considered a residential use and cannot
be denied or be conditioned above what would be placed on any
residence in the community.
Jentz said the City of Kalispell challenged that law in the 1980's and
district court ruled against the city and the city was fined.
Jentz said no outside modifications other than the possibility of a
handicap ramp is proposed.
The board members have received a copy of a petition from adjacent
property owners who have concerns about turning this neighborhood
into a commercial area.
Jentz reviewed the 2 conditions that all required licensing,
inspections, and approvals be obtained from the State Department of
Health and Human Services; and if any modifications are made to
the residence a city building pernut will need to be obtained. Also
commencement of the approved activity must begin within 18
months of city council action.
Staff recommends that the Kalispell City Planning Board and
Zoning Commission adopt staff report KCU-11--01 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 QLTESTIONS Clark asked if the leasing of the property would change the
protection from the State and Jentz said the lease agreement would
be from year-to-year and states the provisions for this use. Jentz
added if the property is sold the use stays with the property. Clark
noted the board really doesn't have a choice but to forward a
positive recommendation.
Kalispell City Punning Board
Minutes of the meeting of April 12, 2011
Page 3 of 12
Griffin asked if the state licensing determines the number of
occupants in this facility and Jentz said yes but he believes under
the licensing they could have up to s residents. However this
applicant is proposing 4 residents and the conditional use permit
will be approved for 4 residents. Griffin asked if they wanted to
increase the number of residents would they have to come back to
the board and Jentz said yes.
APPLICANT/TECHNICAL Norm Hayek, 75 Buffalo Hill Drive said they plan to bring elderly
SUPPORT people into this facility and he and his wife will be taking care of
the residents. In addition they will have experienced caregivers
who will be helping them on days they need off. Hayek said he
sees a need for this type of care and people like having the home
aspect rather than living in a nursing home.
Clark asked if this site was chosen because of the close proximity
to the hospital and Hayek said no when they looked at the property
they thought they would lease it and at the same time they decided
the property could also function as an adult foster care home. He
added it will be convenient to have those facilities nearby in case
they need there.
Clark asked if the residents would be mostly indoors and Hayek
explained the residents will probably not be driving but will be
ambulatory in other respects. Hayek doesn't see the home as being
a detriment to the neighborhood and there will not be any signage.
Hinchey asked how many bedrooms in the house and Hayek said
currently 3 but it is a big house and they plan to remodel and create
another bedroom that could be shared by 2 residents. Hinchey
asked if the basement was to code with egress windows and Hayek
said no but they do not plan to put residents downstairs because of
the access issues. Hffichey asked if a resident could live there and
drive and Hayek said there could be a resident who would still have
a vehicle and a driver's license.
Hinchey asked staff if the conditional use permit would trigger any
kind of off-street parking requirements and Jentz said the city can
just require the 2 off-street parking requirements that would be
required for a for a single-family residential use.
Griffin asked if the state licenses the facility or the operator of the
facility and Hayek said both. The state will inspect the facility
making sure they meet all the guidelines and then the caregivers
are controlled and monitored and a yearly inspection is required.
Griffin said if the Hayeks' decide to move what happens to the
license and Hayek said the new potential operators will need to
reapply for the license.
Mendius asked if they have operated an elderly care facility before
Kalispell City Planning Board
Minutes of the meeting of April 12, 2011
Page 4 of 12
and Hayek said no and he added he has been a general
contractor/developer for 30 years and his wife helped hint run their
business. They have been here for about 3 years and moved here
because of family. Hayek added he has the shills to upgrade the
house for this use.
I'ITI,IC HEARING Michael Ober, 54 Buffalo Hill Drive stated he is in opposition to
the conditional use permit (CUP) and urged the board to
recommend denial.
Ober noted the petition that the board received that bears the
signatures of the residents of the 8 homes who live on the one
block street that ends in a cul-de-sac.
Ober reviewed the following concerns:
The additional traffic in their neighborhood with 2
caregivers, 4 elderly people and I care attendant and family
members coming and going.
This will be a conunercial enterprise being conducted in
their residential neighborhood.
The area has historically been a residential area and has had
little change over the years and that is the way they hope to
keep it.
Negative impacts on property values.
The proposal is not compatible with the neighborhood.
David Reese, 52 % Buffalo Hill Drive stated he is next door to the
Ober property. Reese said he has only lived there for 5 V2 - 6 years
and indicated his access is the alley in front of his house that is a
single lane that spurs off of Buffalo Drive. This alley also is used to
access the service entrances to the Lutheran Home and the
Salvation. Army building.
Reese said he did not sign the petition and he is neither opposed or
in favor of the conditional use permit. Reese said his house is the
last piece of property in the Highland Park subdivision that has an
H-I zoning and this use would be a permitted use under his zoning.
Reese said he currently runs a hone business out of his house with
1-2 employees and he thinks the proposed group home is
compatible with the neighborhood.
There was some discussion on whether or not Northwest
Healthcare plans to out Buffalo Hill Drive through to the hospital
and Jentz said not at this time and he described the road
improvements that are planned as part of the expansion of the
hospital.
Reese stated he plans to operate a group home similar to the one
proposed in the future. This is a business and a very profitable
business. He has toured the subject property and the rooms are very
Kalispell City Planning Board
Minutes of the meeting of April 12, 2011
Page 5of12
spacious and open.- The access to the Lutheran. Hone, Brendon
House and KM C accent the fact that that home's highest and best
use is as it is proposed in the conditional use permit application.
Reese said he doesn't see traffic as a big deal and doesn't think the
operation of a group home will affect their property values. Reese
said the board's hands are tied and the conditional use permit has to
be approved so the neighbors only recourse if this home falls or if
they have issues with treatment of the clients is through the
Department of Health and Human Services.
Margie Simpson, 55 Buffalo Hill Drive stated their home is 57
years old and her husband has lived in it since it was built and they
plan to stay in this neighborhood. She said this is a very stable
neighborhood and she is concerned with changing their residential
zoning to commercial. She asked what happens to this zoning if
this business ceases or the people who are leasing the business
choose to sell. Can they sell that business to someone else and keep
that conditional use in that location? Does it ever go away? Do they
have to reapply at any time? She has questions about handicap
access and if they would be required to do this type of remodeling
would it decrease the chances of the property ever going back to a
residential home?
Carol Roth, 85 Buffalo Hill Drive stated she and her husband
bought their property about 10 years ago and they bought it
because of the stability of the residential area. It is a quiet street
with 8 homes and she has concerns about the amount of traffic this
group home will generate. Roth said this is a commercial enterprise
and she thinks if one house is allowed to become a business there is
the potential for losing the other homes to businesses as well. This
use will change the nature of their neighborhood.
Alanna Ober, 54 Buffalo Hill Drive stated the row of homes is only
accessible by Buffalo Hill Drive because they don't have alleys.
Even with only 8 homes the street gets significant use especially
with the traffic to the water treatment facility. Ober said this
request is for four residents but what if they expand to S residents.
They are experiencing a lot of pressure with the hospital expansion
which is projected to continue to 2014; significant expansions are
being done at both the Immanuel Lutheran Maine and Buffalo Dill
Terrace; and there is some construction work at the Buffalo bill
Golf Course. They are fighting to keep their little neighborhood
intact.
Dale Haarr, 80 Buffalo Hill Drive stated he served on the planning
board 20 years ago and this issue carve up then. He was also
serving on the city council when the confrontation with the State
occurred. His concerns were as follows:
Buffalo Hill Drive is the only access to these properties
Kalispell City Planning Board
Minutes of the meeting of April 12, 2011
Page 6of12
since there are no alleys and the increased traffic on their
dead-end street will be significant. Also large vehicles such
as ambulances and buses from Eagle Transit will be coming
to and from the group home.
As a result there will be more vehicles forced to use private
property to turn around.
Approval of the conditional use permit for a group home
would set a precedent and allow commercial businesses in a
residentially zoned neighborhood.
Decreasing property values.
When the zoning was changed in the 90's from. RA-3 to R--
3 he thought that would have secured their residential
designation.
The number of residents should be limited to 4 and not be
allowed to expand to 8 in the future.
Haarr noted his wife was not able to sign the petition and Ron and
Margaret Swindle who live at 75 Buffalo Hill Drive are out of the
area. However Haarr said he talked to Mr. & Mrs. Swindle and
they are also opposed. Haarr urged the board to deny the
application.
IVgOT'ION Mendius moved and Graham seconded a motion to adopt staff report
KCU-11-01 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 DISCUSSIONClark said the state dictates this to the board and city council and
they have no choice but to approve the conditional use permit.
Clark added he understands the concerns of the neighborhood but
this board could talk about it for 3 days and it won't make a bit of
difference.
Hinchey asked if the handicap bathrooms would be a requirement
for this use and Jentz said the licensing through the state will take
care of those details.
Hinchey noted this has been referred to as a .zone change and it is
not a zone change but a conditional use permit. Jentz said it is an
R-3 zone which will remain intact as the state considers this use
permitted in all residential zones.
Griffin said philosophically he has an issue with this because it is
an entity outside of our city that is making determinations on what
the city can and cannot do regarding things that are in the best
interest of our local community. Griffin added whether or not the
board agrees with a group home or similar establishment being set
up and put into a neighborhood the board has no moray to address it.
Guiffrida said he understands what the neighborhood is gain.
Kalispell City Planning Board
Minutes of the meeting of April 12, 2011
Page 7 of 12
through because he has some experience in this area. with the
Montana code it is very specific. The zoning is not changing and
the Montana Code permits this use in all residential zones. with
this type of facility the oversight is in place. The Department of
Health and Human Services governs these types of facilities and
they have a survey process where they go in and inspect them.
There was discussion on the appropriate zone for group homes and
Jentz said group homes are allowed in all residential
neighborhoods. To have four elderly persons in a group home is
probably the most benign type of group home. These people are not
criminals, former drug addicts, or runaway youth.
Graham asked if there is any way to place protections on a
neighborhood to prevent too many of these group homes going in
and Jentz said no. The law and Supreme Court rulings make that
clear.
Mendius added he is not here to represent the Montana Supreme
Court he is here to represent the forum for public input for the City
of Kalispell. He said the board was subjected to this exact scenario
some months ago with the sober house on the west side of Kalispell
and were told they only had one choice. Mendius added however,
in that case the board unanimously voted against the conditional
use permit despite that.
Hinchey added this board hears the concerns of the neighborhood
and noted the board is advisory to the city council and they will
make a recommendation but the ultimate decision does lie with the
Kalispell City Council and he encouraged them to attend the
council meeting when this permit is scheduled.
Fd.OLI, CALI, I The motion passed on a roll call vote of 5 in favor and 1 opposed.
CONDITIONAL USE PERMIT A request by Samaritan House, Inc. for a conditional use permit to
— SAMARITAN HOUSE allow the kitchen and cafeteria at the former US Army Reserve
Center to serve meals to the residents of the Samaritan House
homeless shelter. The Army Reserve Center is located at l l 10
Second Street west at the northeast corner of the intersection of
South Meridian Road and Second Street west.
STAFF FF PORTS U- I I - 02 Torn Jentz, presenting the Kalispell Planning Department reviewed
staff report KCU- 11 --02 for the bo ard.
Jentz reviewed the vicinity map and an aerial view of the proposed
conditional use permit.
Jentz stated the applicants, the Samaritan House, are requesting a
conditional use permit in the P-1 (Public) zone to operate a cafeteria
and offer meals to residents of the Samaritan House only. The meals
Kalispell City Planning Board
Minutes of the meeting of April 12, 2011
Page 8 of 12