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Planning Board Minutes - April 12, 2011MINUTES OF REGULAR MEETING CALL TO ORDER AND The regular meeting of the Kalispell City Planning Board and ROCK CALL .Zoning Commission was called to order at 7: 00 p.m. Board members present were: John Hinchey, Chad Graham, C.M. (Butch) Clary, Richard Griffin, Phillip Guiffrida and Troy Mendius. Bryan Schutt was absent. Torn Jentz and P.J. Sorensen represented the Kalispell Planning Department. There were approximately 25 people in the audience. .APPROVAL OF MINUTES Clam moved and Graham seconded a motion to approve the minutes of the January 11, 2011 meeting of the Kalispell City Planning Board and Zoning Commission. ROLL CALL The motion passed unanimously on a vote by acclamation. PUBLIC COMMENT No one wished to spear. ANNEXATION — TOLD & A request from Todd and Theresa Cardin to annex a 0.26 acres lot THERESA CA IN 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. STAFF REPORTS -11-01 Tom Jentz representing the Kalispell Planning Department reviewed staff report KA-11--01. Jentz reviewed the vicinity reap and an aerial view of the property for the board. Jentz said this property abuts a city street, South Woodland Drive, and the site has access to city services. The growth policy indicates that the entire area is designated urban residential which anticipates residential development. Staff has not received any comments in favor or in opposition of the annexation. Staff recommends that the .Kalispell City Planning Board and Zoning Commission adopt staff report KA--11-01 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, BOARD QUESTIONS Graham said according to the Cost of Services Analysis the city would lose $711 when this project is annexed. Jentz said staff is required to prepare the analysis which estimates the cost to provide all municipal services to a single lot v. the taxes and assessments that they would pay when annexed which for residential almost always ends up a negative amount. Jentz added the city almost totally surrounds this property so there are already city services that are provided to this property but the county residents are not currently Kalispell City Planning Board Minutes of the meeting of April 12, 2011 Page I of 12 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 None. SUPPORT PUBLIC HEARING No one wished to speak and the public hearing was closed. MOTION Clark moved and Griffin seconded a motion to adopt staff report IA--11-01 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. BOARDDISCUSSION 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. ROLL CALL 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 2 of 12 STAFF REPORTS ICCI1-1 1-Ol Tom Jentz representing the Kalispell Planning Department reviewed staff report KCU-11-01. Jentz reviewed a vicinity reap 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 1 980's and district court ruled against the city and the city was fried. 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 permit 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 -1 l -01 as findings of fact and recommend to the Kalispell City Council that the conditional use permit be approved subject to the Z conditions listed m the staff report. BOARD QUESTIONS 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 Planning Board Minutes of the meeting of April I2, 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 them.. 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. Hinchey 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 hire run their business. They have been here for about 3 years and moved here because of family. Hayek added he has the skills to upgrade the house for this use. PITBI,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 S 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 1 care attendant and family members coming and going. This will be a commercial 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 I I-W I zoning and this use would be a permitted use under his zoning. Reese said he currently runs a home 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 cut 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 Punning Board Minutes of the meeting of April 12, 2011 Page 5 of 12 spacious and open. The access to the Lutheran Horne, Brendon House and KRMC 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 fails 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 S 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 8 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 Horne and Buffalo Hill 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 came 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 6 of 12 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 S 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 taped to Mr. & Mrs. Swindle and they are also opposed. Haarr urged the board to deny the application. MOTION Mendius moved and Graham seconded a motion to adopt staff report KCU-11 wQ 1 as findings of fact and recommend to the Kalispell City Council that the conditional use permit be approved subject to the 2 conditions listed in the staff report. BOARD DISCUSSION Clark 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 detern-unations 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 way to address it. Guiffrida said he understands what the neighborhood is going Kalispell City Planning Board Minutes of the meeting of April 12, 2011 Page 7of12 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 there. 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. ROLL CALL. The motion passed on a roll call vote of 5 in favor and I 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 Array Reserve Center to serve meals to the residents of the Samaritan House homeless shelter. The Array Reserve Center is located at 1110 Second Street west at the northeast corner of the intersection of South Meridian Road and Second Street west. STAFF REPOTS CU-II--02 Torn Jentz, presenting the Kalispell Planning Department reviewed staff report KCU--I I --02 for the board. Jentz reviewed the vicinity reap 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- I (Public) zone to operate a cafeteria and offer meals to residents of the Samaritan House only. The meals Kalispell City Planning Beard Minutes of the meeting of April 12, 2011 Page 8 of 12 will be served at specific tinges and they expect 15-20 people for breakfast and lunch and upwards of 40 people for dinner. This would be an extension of the nlission/mM* istry for Samaritan House. Jentz noted approximately one year ago the board reviewed and council approved a conditional use permit to expand tutoring and educational services in this facility. These services were provided through School District 5 but that use is no longer operating at this location. However, the Samaritan House would like to again provide those types of tutoring programs for children who live at the Samaritan House, students from Petersen School, and also provide a GED assistance program for adults. Staff' feels that to provide these programs again would already be covered under the conditional use permit that was granted last year so it is not part of this request. Jentz noted there is a commercial grade kitchen and meal halls currently in the facility so there would be no significant remodeling or modifications of the building. The residents of Samaritan House will mostly walk to the site primarily down First Street then through the alley. Jentz said Samaritan House had an open house in early March and invited people from Petersen School, District 5 and the neighborhood and they shared their proposal with the community. The board packets included a letter from Darlene Schottle, District 5's Superintendent; Sherry Stevens, Executive Director of United Way; Don & Sharon Read; Cal Scott, Director of ETHIC; and Warren & Jennifer Drew, Ministries to Mexico who were all in support of the proposal. Jentz added the only concern voiced was the possible use of this building for the Samaritan House's overnight accommodations. Jentz clarified the Samaritan House is no longer considering expanding their overnight accommodations to this facility and by moving the kitchen facilities to the arnnory it has enabled them to add additional beds at their current facility on 9th Avenue west. Jentz said he did not receive any correspondence in opposition but he did receive a phone call from. Devereux Stutsman, a resident east of this property across the alley who had concerns about additional traffic in the alley. Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt staff report ICU --I l -02 as findings of fact and recommend to the Kalispell City Council that the conditional use permit be approved subject to the 4 conditions listed in the staff report. BOARD QUESTIONS I Hinchey asked how does the city control their hours of operation for meals and Jentz said the Samaritan House runs a regimented Kalispell City Planning Board Minutes of the meeting of April 12, 2011 Page 9of12 program however there could be some slight flexibility in the hours. Any dramatic hour changes or extending the services to the public that would be reported to staff would require a full review before the planning board. Guiffrida asked about the fire safety codes with the cafeteria and a commercial grade kitchen and if there are any licensing requirements from the Department of Health and Human Services. Jentz said they will be licensed and they are aware that they have to maintain certain standards. In addition their meal service will be monitored by the county's environmental health department and inspections will be performed. APPLICANT/TECHNICAL Chris Krager, Director of the Samaritan House, 124 91Avenue SUPPORT West stated Samaritan House was deeded this property in 2008 with restrictions that it serve the homeless so programs that are offered are directed for homeless people and their intent is to serve their clients as they are the only homeless shelter in town. Samaritan House is full all the time because the homeless situation is bigger than they are. Their staffing is stable and their meal times are upheld. They comply with the building and fire codes and the Flathead County Health Department has reviewed the facility and is happy with the results. They also have a good relationship with Petersen School and they are in the process of seeking a tobacco free designation for the facility. Krager noted their clients are screened very heavily with no alcohol, drugs, sex or violent crime offenders. They have a state- of-the-art breathalyzer and it is very pervasive, well-known rule that if there is any drug or alcohol use going on it won't happen at the Samaritan House. Hinchey asked the full capacity of Samaritan House and Krager said the shelter is about 40-45; the transitional housing is 20; and then they have 31 studio or one -bedroom low --income rental apartments and every unit is typically full. Hinchey asked how long is the average stay and Krager said 30 days in the shelter; up to 2 years in transitional housing; and with the rentals they can stay as long as the pay their rent. Clark asked how many people do they plan to feed and gager responded. dark asked if gager anticipates increasing these numbers and he said not at this time. The meal numbers presented were based on the number of beds they have at their current facility. Krager noted when this property was acquired they were then able to add I beds to the shelter and now with moving the kitchen facilities they may be able to add some additional beds to the old facility but they don't currently know how many. Clark asked what they plan for the rest of the Armory facility and Kalispell City Planning Board Minutes of the meeting of April 12, 2011 Page 10 of 12 Krager said currently they have offices and a meeting room; a tutoring office to tutor the kids that they share in common with school district. Jeff Carlson, 11.E Sandhill Court stated he is a board member of the Samaritan House. Carlson said they had considered putting beds in the armory building and they made an adjustment to that plan as they understood the concerns of the school. At the same time recognizing the huge needs of the homeless in this area to try to find another shelter in another area of town would be quite a battle. Carlson noted this use will create very little traffic and using the alley to access the facility from the shelter will be low impact. There have been discussions on alternate ways to make the traffic flow on the property in a safe manner and they are open to any suggestions the board may have. PUBLIC EA. Carol Free, 2196 Mission Trail stated she and her husband own adjoining property -- the townhouses nearby — and they are in support of the proposal by the Samaritan House and making use of the old Army Reserve center to feed the people at the shelter. John Free, 2 196 Mission Trail stated he is co --owner of the neighboring properties that his wife mentioned. Chris Krager and his staff have been very cooperative and have answered all of their questions. They have asked for a few changes regarding their fencing and if they have any issues the Samaritan House has made adjustments. They support the conditional use permit as presented before the board. Devereux Stutsman, 134 1 oth Avenue west stated he is basically right behind the alley that they are proposing for additional traffic. Stutsman said he believes in what the Samaritan House is doing and he has no issues with having a kitchen and feeding the homeless but he does have an issue with additional pedestrian and vehicle traffic in the alleyway by using 1 sf Street west to access the gates. He doesn't see what the difference is between using l't or 2nd Street to access the facility. MOTION Clark moved and Guiffrida seconded a motion to adopt staff report KCU--11-02 as findings of fact and recommend to the Kalispell City Council that the conditional use permit be approved subject to the 4 conditions listed in the staff report. BOARD DISCUSSION Clark said it is an admirable program and he supports it. Hinchey agreed. Guiffrida said he visited the property and looked at the cafeteria and the kitchen and he added it looks really nice. In regards to getting the people to the facility he looked at the streets and alleys and from a safety standpoint he thinks the I" Street route is the Kalispell City Planning Board Minutes of the meeting of April 12, 2011 Page 11 of 12 most optimal. The reason is, he continued, the sidewalk along 2n Street is on the south side of the street and there are no connecting sidewalks along the north. Therefore if there were 40 people walking to this facility they would have to cross 2nd Street twice to get to this facility and twice to get back to the shelter. Guiffrida said it is a great project. Hinchey said he is a bit concerned with the traffic in the alley and he would hope that this could be monitored and if there are problems maybe the route could be reconsidered. Clark said he and Hinchey looked at the site also and he travels 2nd Street west a lot and it does carry a tremendous amount of traffic however that is limited to the day time. In the evening there is not much traffic on 2nd Street and that is when the majority of people will be walking or driving to this facility for dinner. ROLL CALL The motion passed unanimously on a roll call vote. OLD BUSINESS: None. NEW BUSINESS: None. ADJOURNMENT The meeting adjourned at approximately 8 : 5 0 p.m. WORK SESSION Immediately following the regular meeting of the Kalispell City Planning Board and Zoning Commission a work session was held on the following: 1. Update of the Kalispell City Subdivision Regulations. NEXT MEETING The next work session of the Kalispell City Planning Board and Zoning Commission will be held on May 10, 2011 at 7:00 p.m. in. the Kalispell City Council Chambers at 201 1" Avenue East, Kalispell. The next regular meeting of the Kalispell City Planning Board and ,honing Commission will is scheduled for June 14, 2011 at 7:00 p.m,. in the Kalispell City Council Chambers at 201 I st Avenue East, Kalispell. John I-Iir chey Michelle Anderson President Recording Secretary APPROVED as submitted/corrected: 1 I11 Kalispell City Planning Board ,Minutes of the meeting of April 12, 2011 Page 12 of 12