10. Conditional Use Permit - Group Home - RandallFlathead Regional Development Office
723 5th Avenue East - Room 414
Kalispell, Montana 59901
REPORT TO:
FROM:
SUBJECT
MEETING DATE:
Phone: (406) 758-5980
Fax: (406) 758-5781
Kalispell Mayor and City Council
Narda A. Wilson, Senior Planner
Chris A. Kukulski, City Manager
Conditional Use Permit for a Group Home Facility
Byron and Lois Randall
August 2, 1999
BACKGROUND: This is a request for a conditional use permit to allow a group
home for elderly residents (community residential facility) to be located in an existing
single family home on property located in the north part of Kalispell. The group home
would provide 24 hour non -skilled care for up to four people. The property is located
on the south side of Crestline Avenue West between Claremont Avenue and west of
Buffalo Hill Drive. This matter went to the planning board for public hearing and
consideration on July 13, 1999. The planning board is recommending that the
conditional use permit be granted subject to the amended conditions listed in
Attachment A on a vote of five in favor and two opposed. It should be noted that
Section 76-2-412 of the Montana statutes states that group homes of this nature, i.e.
which have eight or fewer residents, must be allowed in all residentially zoned areas,
including single family districts. Furthermore, it states that conditions which are not
applicable to residences in general may not be applied to these group homes.
RECOMMENDATION: A motion to grant the conditional use permit for the group
home subject to the recommended conditions would be in order.
FISCAL EFFECTS:
ALTERNATIVES:
Narda A. ils n
Senior Planner
None.
As suggested by the city council.
Report compiled: July 19, 1999
Attachments: Letter of transmittal
Chris A. Kukulski
City Manager
Attachment A
Staff report KCU-99-7 and back-up materials
Draft planning board minutes
Providing Community Planning Assistance To:
• Flathead County • City of Columbia Falls • City of Kalispell • City of Whitefish •
City of Kalispell
P. 0. Box 1997
Kalispell, Montana 59903-1997
GRANT OF CONDITIONAL USE
APPLICANT: Byron and Lois Randall
120 Crestline Avenue
Kalispell, MT 59901
LEGAL DESCRIPTION: Use of an existing home to provide a group
home for a maximum of four (4) senior citizens
who do not require skilled nursing care. The
property is described as Lot 10, Block 3,
Highland Park Subdivision, Kalispell, Flathead
County, Montana.
ZONE:
R-3, Residential
Byron and Lois Randall have applied to the City of Kalispell
for a conditional use permit .to -use an existing home to provide a
group home for up to four (4) senior citizens who do not require
skilled nursing care.
The Kalispell City -County Planning Board and Zoning
Commission, after due and proper notice, on July 13, 1999 held a
public hearing on the application, took public comment and
recommended that the application be approved subject to one
condition.
After reviewing the application, the record, the FRDO report,
and after duly considering the matter, the City Council of the City
of Kalispell, pursuant to the Kalispell Zoning Ordinance, hereby
adopts Flathead Regional Development Office, Conditional Use Report
#KCU-99-7 as the Council's findings of fact, and issues and grants
to the above -described real property a conditional use permit to
allow the use of an existing home to provide a group home for a
maximum of four senior citizens who do not require skilled nursing
care, subject to the following condition:
SECTION I.
1. That all required licensing, inspections and approvals be
obtained from the State Department of Public Health and
the Kalispell Fire Marshall.
1
SECTION II.
The conditional use permit is valid for a period of 18 months
from the date of authorization or that a continuous good faith
effort is being made to do so.
Dated this day of
STATE OF MONTANA )
ss
County of Flathead }
11 1999.
Wm. E. Boharski
Mayor
On this day of , 1999, before me, a
Notary Pubic, personally appeared Wm. E. Boharski, 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 he
executed the same on behalf of the City of Kalispell.
IN 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
Residing at Kalispell, Montana
My Commission Expires
2
Flathead Regional Development Office
723 5th Avenue East - Room 414
Kalispell, Montana 59901
Phone: (406) 758-5980
Fax: (406) 758-5781
July 21, 1999
Chris Kukulski, City Manager
City of Kalispell
P.O. Box 1997
Kalispell, MT 59903
Re: Randall / Cude Conditional Use Permit for a Group Home in an R-3 Residential District
Dear Chris:
The Kalispell City -County Planning Board met on July 13, 1999, and held a public hearing to
consider a request by Byron and Lois Randall for a conditional use permit for the operation of a
group home for seniors in an existing single family home. The property is located on the south side
of Crestline Avenue West between Claremont Avenue in the north part of Kalispell.
Narda Wilson of the Flathead Regional Development Office presented staff KCU-99-7 evaluating the
conditional use permit proposal. The staff recommended that the board forward a recommendation
to approve the application subject to the conditions contained in the staff report.
At the public hearing Bill Beede, representing the applicants, spoke in favor of the application
stating that that this home would make an excellent group home for the seniors. He stated that the
oe and Leona Cude had already purchased the property. Jerry Schnell and Ruby Donahue spoke
against the application stating that the home is insufficient to properly care for four residents, that
the parking is inadequate, and that the neighborhood is residential in nature and this facility is a
commercial endeavor.
The board discussed the request clarifying that the State protects this type of facility in a residential
neighborhood, and that the State licenses and monitors the facility for adequacy and care. A motion
was made to adopt staff report KCU-99-7 as findings of fact and recommend approval of the
conditional use permit subject to the conditions as stated in the report excluding condition one. The
motion passed on a vote of five in favor and two opposed. Those conditions are listed in Attachment
A.
This matter is being forwarded to the Kalispell City Council for consideration at their August 2, 1999
regular meeting. Please contact this board or Narda Wilson at the Flathead Regional Development
Office if you have any questions regarding this matter.
inning Board
Providing Community Planning Assistance To:
• Flathead County • City of Columbia Falls • City of Kalispell • City of Whitefish •
Randall Conditional Use Permit
July 21, 1999
Page 2
JJ/NW/tl
Attachments: Attachment A
FRDO staff report KCU-99-7 and application materials
Draft Minutes 7/ 13/99 planning board meeting
c w/ Att: Theresa White, Kalispell City Clerk
c w/o Att: Byron and Lois Randall, 120 Crestline Avenue, Kalispell, MT 59901
Joe and Leona Cude, 5665 W. Ellery Street, Fresno, CA 93722
Bill Beede, c/o Ted Dykstra Real Estate PO Box 183, Kalispell, MT 59903
H/ ... /FRDO/TRANSMIT/KALISPELL/ 1999/KCU997
ATTACHMENT A
BYRON AND LOIS RANDALL
CONDITIONAL USE PERMIT KCU-99-7
RECOMMENDED CONDITIONS OF APPROVAL
JULY 13, 1999
The following conditions are being recommended to the Kalispell City Council
by the Kalispell City -County Planning Board for the above referenced
conditional use permit. A public hearing was held on this matter at the July
13, 1999 planning board meeting.
2. That all required licensing, inspections and approvals be obtained from
the State Department of Public Health and the Kalispell Fire Marshall.
3. That commencement of the approved activity must begin within 18
months from the date of authorization or that a continuous good faith
effort is being made to do so.
76-2.412. Relationship of foster homes, youth group homes, community
residential facilities, and day-care homes to zoning. (1) A foster or youth
group home operated under the provisions of 41-3-1141 through 41-3-1143 or a
community residential facility serving 8 or fewer persons is considered a
residential use of property for purposes of zoning if the home provides care
on a 24-hour-a-day basis.
(2) A family day-care home or a group day-care home registered by the
department of public health and human services under Title 52, chapter 2, part
7, is considered a residential use of property for purposes of zoning.
(3) The facilities listed in subsections (1) and (2) are a permitted use
in all residential zones, including but not limited to residential zones for
single-family dwellings. Any safety or sanitary regulation of the department
of public health and human services or any other agency of the state or a
political subdivision of the state that is not applicable to residential
occupancies in general may not be applied to a community residential facility
serving 8 or fewer persons or to a day-care home serving 12 or fewer children.
(4) This section may not be construed to prohibit a city or county from
requiring a conditional use permit in order to maintain a home pursuant to the
provisions of subsection (1) if the home is licensed by the department of
public health and human services. A city or county may not require a
conditional use permit in order to maintain a day-care home registered by the
department of public health and human services.
History: En. Sec. 2, Ch. 350, L. 1973; amd. Sec. 2, Ch. 129, L. 1974; RC.M. 1947, 11-2702.2; MCA 1981,
76-2-314; cedes. 76-2412 by Code Commissioner, 1983; amd Sec. 29, Ch. 465, L. 1983; amd. Sec. 1, Ch. 181, L
1987; amd. Soc. 237, Ch. 418, L. 1995; amd. Sec. 546, Ch. 546, L. 1995.
Case Notes:
Frivolous Resistance to Group Homes and Facilities: There is absolutely
no question that under Montana law a group home for eight or fewer people is a
residence and may be located in any area in the state zoned residential. The
Supreme Court will not require community residential facilities to repeatedly
defend their well -established right to locate in any residential area. The
city's appeal from a lower court order upholding this principle is dismissed
as frivolous, with costs of $500 assessed against the city in favor of the
regional mental health center seeking a conditional use permit to locate a
group home for eight or fewer mentally disabled adults in a residential area.
Mahrt v. Kalispell, 213 M 96, 690 P2d 418, 41 St. Rep. 1979 (1984).
Effect of Restrictive Covenant on Use of Residence as Home for
Developmentally Disabled Children: Restrictive covenants are to be strictly
construed, and where residence for developmentally disabled children was
structured as single housekeeping unit and was to all outside appearances a
usual, stable, and permanent family unit, it was within the ambit and intent
of subdivision restrictive covenant limiting use of property to single-family
dwellings. State ex rel. Region II Child & Family Serv., Inc. v. District
Court, 187 M 126, 609 P2d 245 (1980).
Constitutionality: This section is constitutional within purview of 1972
Montana Constitution and supersedes city ordinances that restrict use of
residential areas to one -family dwellings only. State ex rel. Thelen v.
Missoula, 168 M 375, 543 P2d 173 (1975).
Attorney General Opinions,
Certain Community Residential Facilities Excluded From Building Code
Compliance: Subsection (3) of this section excludes from state building
code compliance community residential facilities serving 8 or fewer persons
and day-care homes serving 12 or fewer persons. 45 A.G. Op. 3 (1993).
Law Review Articles:
The Effect of Land -Use Restrictions on the Establishment of Community
Residences for the Disabled: A National Study, Steinman, 19 Urb. Law. 1
(1987).
A State Legislative Strategy for Ending Exclusionary Zoning of Community
Homes, Hopperton, 19 Urb. L. Ann. 47 (1980).
Overcoming Zoning Restrictions on Community Homes for Retarded Persons,
Lippincott, 31 Stanford L. Rev. 767 (1979).
G. ROBERT MAHRT and Western Montana Regional Mental
Health Center,
Petitioner and Respondent
V.
CITY -OF KALISPELL, Respondent and Appellant.
No. 84-307.
213 Mont. 96.
Oct. 29, 1994.
690 P.2d 419.
Appeal from the District Court of Flathead County.
Eleventh Judicial District.
See C.J.S. Zoning and Planning see. 132.
Appeal dismissed -
MR. JUSTICE SHEA filed specially concurring opinion.
Glen Neier, City Atty., Kalispell, for petitioner and respondent G. Robert Mahrt and Western
Regional Mental Health Center.
Randall S. Ogle, Kalispell, for respondent and appellant City of Kalispell.
ORDER AND OPINION
MR JUSTICE SHEEHY delivered the opinion of the Court.
Lead Opinion by MR JUSTICE SHEEHY 1213 Mont 971
The City of Kalispell appeals an order of the Flathead County District Court granting the
Western Montana Regional Mental Health Center a conditional use permit to locate a group home
for eight or fewer mentally disabled adults in a Kalispell area zoned residential.
The Health Center applied to the Kalispell Board of Adjustment for a conditional use permit
to convert a residence to a group home in a Residential-5 area, as defined by the Kalispell City
Code. In applying, the Health Center satisfied the requirements of the Kalispell City Code. The
Health Center relied on Sections 76-2411 and 412 (1983), MCA which defines a group home as
a community residential facility and mandates group homes to be considered residential use of
property for zoning purposes. Despite the law, the Kalispell Board of Adjustment denied the
conditional use permit. The Health Center challenged the decision of the Board in District Court
where the Board's obvious error was corrected. Now the City of Kalispell asks this Court to
review the District Court's decision Based on our decision in State ex rel. Thelen v. Missoula
(1975), 545 P.2d 173, 168 Mont. 375, and the legislative mandate in Title 76, Ch. 2, Part 4 we
decline to review the decision of the District Court.
There is absolutely no question that in Montana a group home for eight or fewer people is a
residence and may be located in any area in Montana zoned residential. Article W Section 3(3)
of the Montana Constitution, Title 76, Ch. 2, Part 4 of Montana statutory law and case law as
stated in Thelen v. Missoula, 168 Mont. 375, 543 P.2d 173, rake it clear this is the rule in
Montana. This Court will not require community residential facilities to repeatedly defend their
well established right to locate in any residential area in Montana. The Kalispell appeal is
meritless and dismissed as frivolous. Costs in the sum of $500 are assessed against the City and in
favor of the petitioners under Rule 32, M.R.App.Civ.P., with costs of this appeal, and the usual
costs in District Court. [213 Mont. 98]
MR. JUSTICE SHEA specially concurring:
I do not view the dismissal here as a summary dismissal. Rather, it is a short opinion
disposing of the merits and declaring that a longer opinion will not be written. With that I agree.
The appeal is totally without merit.
BYRON AND LOIS RANDALL
FLATHEAD REGIONAL DEVELOPMENT OFFICE
CONDITIONAL USE PERMIT STAFF REPORT #KCU-99-7
JULY 6, 1999
A report to the Kalispell City -County Planning Board and Kalispell City Council regarding
a request for a Conditional Use Permit to allow the operation of a group home for seniors
in an R-3, Residential zoning district. A public hearing on this matter has been scheduled
before the planning board for July 13, 1999, beginning at 6:00 PM, in the Kalispell City
Council Chambers. The planning board will forward a recommendation to the City
Council for final action.
BACKGROUND INFORMATION
A. Petitioner. Byron and Lois Randall
120 Crestline Avenue
Kalispell, Mt 59901
Joe and Leona Cude
5665 W. Ellery Street
Fresno, CA 93722
Bill Beede
c/o Ted Dykstra Real Estate
P.O. Box 183
Kalispell, MT 59903
B. Size and Location: The property proposed for the group home is located on the
south side of Crestline Avenue West between Claremont Avenue and Buffalo Hill
Drive in the north part of Kalispell. The use is proposed in an existing two story
home at 120 Crestline Avenue. The property can be described as Lot 10, Block 3,
Highland Park Subdivision located in Section 7, Township 28 North, Range 21
West, P.M.M., Flathead County, Montana.
C. Nature of Request: The applicants are requesting a conditional use permit to allow
the use of an existing home to provide a group home for a maximum of four seniors
who do not require skilled nursing care. The applicants are proposing to purchase
the home from the current owners. The new property owners will be the care givers
for the seniors and will provide 24 hour care, meals, basic care, transportation to
appointments and other assistance. Generally, none of the residents will drive. The
home will be licensed and operated in accordance with the State of Montana Public
Health Department for groups homes.
D. Existing Land Use and Zoning: Currently there is a two story single family
residence existing on the property which will be used for the group home. There is
a three car garage on the north side of the property which is accessed from
Crestline Avenue. There may be some minor modifications required to the home to
comply with building code requirements for group homes. The zoning for the
property is R-3, a Residential district which lists group homes and community
residential facilities for eight or fewer people as a conditionally permitted use.
E. Surrounding Zoning and Land Uses Zoning: Most of the properties in the
immediate area are developed with single-family residences with the exception of
the Immanuel Lutheran Home, a elderly housing facility to the north which has
facilities for elderly people that include independent living and dementia care. This
complex provides broad based care facilities for different stages of independent
living. A short distance to the north is Buffalo Hill Terrace and the Kalispell
Regional Medical Center complex. Highway 93 is to the west approximately one
quarter miles or less.
North: Single family residential; and Immanuel Lutheran Home,
H-1, a Hospital zoning district
South: Single family residential; R-3, Residential zoning
East: Single family residential; R-3 Residential zoning
West: Single family residential; R-3 Residential zoning
F. Master Plan Designation: The Kalispell City County Master Plan Map designates
this area as urban residential which anticipates two to eight dwelling units per acre.
The proposed project is in compliance with the land use designation of the master
plan map and furthers the goals of the master plan by providing for a diversity of
housing needs in the community.
G.
H.
1.
Utilities/Services:
Sewer service:
Water service:
Solid Waste:
Gas:
Electric:
Phone:
Police:
Fire:
Schools:
City of Kalispell
City of Kalispell
City of Kalispell
Montana Power Company
Pacific Power (underground)
PTI (underground)
City of Kalispell
Kalispell Fire Department
School District #5, Kalispell
Evaluation of the Request:
Site Suitability:
a. Adequate Useable Space: One standard size city lot contains the house,
garage, small front and rear yards as well as modest setbacks around the
building. The house appears to comply with the setbacks for the R-3 zoning.
However, the proposed use would effect the zoning setbacks since it would
not require significant if any remodeling. Parking is proposed in the three
car garage and in front of the garage. Parking is adequate to meet the
requirement of the zoning ordinance.
b. Adequate Access: Access to the home is off of an existing paved City street to
the north, Crestline Avenue. This lot has double frontage with Charlotte
Avenue to the south. There is no driveway from Charlotte to the house, but
it does provide for some secondary pedestrian and emergency access. Access
is good.
2
C. Environmental Constraints: There are no obvious environmental constraints
apparent on the property. There is a gentle slope to the property which has
already been developed in a residential area of Kalispell.
2. Appropriate Design:
a. Parking Scheme: Three spaces are required by the Kalispell Zoning
Ordinance, one per five persons plus one space per employee at maximum
shift. As proposed, there are three parking spaces proposed to be located in
the garage and three additional spaces in front of the garage. No alterations
to the existing parking situation will be required in order to meet the parking
requirements of the zoning regulations.
b. Traffic Circulation: There is no specific traffic circulation within the site.
Traffic will enter and exit primarily from the Crestline Avenue and short term
guest parking will be provided in front of the garage on -site. Traffic
circulation in the area and to the site is generally good.
C. Open Space: No specific open space requirements are required under the
zoning other than the required setbacks. This is an existing home which is
of relatively new construction and appears to meet the required setbacks of
the R-3 district.
d. Fencing[ Screening[ Landscaping: Nice landscaping is in place in the front
and rear yards. No fencing will be needed to be required. No additional
screening or landscaping would appear necessary.
e. Si a e: No signage has been indicated on the site plan or proposed in the
application.
3. Availability of Public Services/ Facilities:
a. Schools: This site is within the boundaries of School District #5, however,
generally speaking, this proposal should have minimal impact on the school
district.
b. Parks and Recreation: There is no formal park in close proximity to the site.
However, the golf course to the east provides some informal type open space.
No substantial impacts to the parks and recreation facilities in the area can
be anticipated as a result of this use.
C. Police: No substantial impacts to the police can be anticipated as a result of
the proposed residential facility.
d. Fire Protection: Fire protection will be provided by the Kalispell Fire
Department. It is the understanding of the staff that the group home will be
upgraded to meet code requirements. Additionally, there are fire hydrants in
the area as well as good access to the site in the case of a fire.
e. Water: City water will continue to be used to serve the group home. No
significant impact on water services can be anticipated as a result of this
facility.
3
f. Sewer: Sewer service will be provided by the City of Kalispell. No significant
impacts on City sewer services can be anticipated as a result of the proposed
use.
g. Solid Waste: Solid waste pick-up will be provided by the City, and no
significant increased impacts can be anticipated as a result of the proposed
use.
h. Roads: Minimal to moderate traffic generation can be anticipated as a result
of this use. Access will generally be onto Crestline Avenue and Highway 93,
streets which are well maintained and in good condition. Roads the area are
adequate to accommodate the proposed use.
i. Immediate Neighborhood Impact: The general character of this area is
residential. Impacts to the neighborhood will be insignificant. The area
seems well suited for a group home of this nature because it is close enough
to walk to the medical services and there are other facilities in the area which
are like this one. The independent living facility across the street provides a
good element to create a mixed residential use area.
REACTION OF NEARBY PROPERTY OWNERS
A notice of public hearing was mailed to property owners within 150 feet of the subject
property approximately 15 days prior to the hearing. At the writing of the staff report, one
objection from a close by resident has been received by the Flathead Regional
Development Office.
1. The size and location of the existing home and site is suited for the proposed use
because it is an area which has a mix of single-family and multi -family uses.
2. The site design is in compliance with the zoning and design standards of the City.
3. Existing public services and facilities are available and adequate to serve the
proposed use.
4. There will be no negative impacts to the neighborhood with regard to the use of the
site for the proposed use or the quality of the neighborhood.
RECOMMENDATION
It is recommended that the Kalispell City -County Planning Board adopt staff report #KCU-
99-7 as findings of fact and recommend to the Kalispell City Council that the Conditional
Use Permit be granted subject to the following conditions:
1. That the proposal will be developed in substantial conformance with the approved
site plan and the Kalispell Zoning Ordinance.
4
2. That all required licensing, inspections and approvals be obtained from the State
Department of Public Health and the Kalispell Fire Marshal.
3. That commencement of the approved activity must begin with 18 months from the
date of authorization or that a continuous good faith effort is being made to do so.
H: \... \KCU 199 \KCU99-7
5
dely to,1"9
City of Kalispell, MT
Business Plan — Outline
To whom it may concern,
Our names are Leona and Joe Cude. We are looking forward to moving to beautiful Kalispell
Montana where we plan on opening a much needed adult care facility. We have very carefully
selected the proposed home site for several reasons. Location of our new home relative to the
beautiful Buffalo Hills Golf Course, hospital, medical fimilities, etc... The new home is of
perfect size and in a quaint neighborhood
Joe and I are very patient people and get great pleasure out of helping others their time of need I
have a diverse background in communication, inclusive but not limited to the medical field for
over 10 years. I have a love for sales and have been involved in that for the past 6 years proving
that I deal well with folks on any level. We wish to offer the public a service that is needed
desperately in many areas. We obviously can't be everywhere so, we may as well be where we
love, Kalispell.
Our plans include housing at least three, but not more than four elderly residents. They would
live in our home as one of our family members where I could provide for their needs on a daily
basis. Everyone's first choice is to stay in one's own home if possible, but when a time comes
that daily tasks become difficult or overwhelming, people need help. This way, the elderly can
still live in a nice private home without the responsibilities of running the home. We would
become their surrogate family providing living assistance, and fulfilling the following:
• Providing private room for each resident. Choice of their furnishings or ours.
• Home cooked meals daily.
• An end to loneliness and the worry of living alone.
• Around the clock assistance.
• Laundry and housekeeping services.
• Transportation to appointments.
• Planned weekly outings and activities.
• Regular exercise regimen to stay active and limber.
• Mental stimulation by playing games and socializing.
Joe and I feel that what we have to offer you community is not only an asset but also a necessity
to provide a safe haven to the same folks that created this wonderful community. The way that
we look at it is; we are just giving a small piece of what we hope someone would give to us when
and if we ever need it.
Sincerely yours,
Joe and Leona Cude
Flathead Regional Development Office
723 5th Ave. East Room 414
Kalispell, MT 59901
Phone: (406)758-5980 Fax: (4.06)758-5781
APPLICATION FOR CONDITIONAL USE PERMIT
CITY OF KALISPELL A PP .:: ti. -r
PROPOSED USE: lfz
OWNER(S) F RECORD: JUN - 5 199
Name: ^ �-
Mailing Address:e---- F
City/ State/ Zip: �z� /� / Phone: .
PERSON(S) AUTHORIZED TO REPRESENT THE OWNER(S) AND TO WHOM ALL
CORRESPONDENCE IS TO BE SENT:
Name: �e
Mailing Address:
City/State/Zip: /Phone:oZS
o d is
`r903
LEGAL DESCRIPTION OF PROPERTY (Refer to Property Records):
Street Sec. 7 Town- 2 S Range 7-
Address: �'ly ���—��'�'� No. ship No.
Subdivision Tract Lot /p Block 3
Name: '�'��b ��'j/c No(s). No(s). No.
1. Zoning District and Zoning Classification in which use is proposed:
z
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
C. Size(s) and location(s) of proposed buildings. N A-
f. Existing use(s) of structures and open areas.
g. Proposed use(s) of structures and open areas.
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.
i. 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
information 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 incorrect 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 F.R.D.O. staff to be
present on the property for routine monitoring and inspection during the approval
and elopment pr s.
rant'signa-ture Date
Revised 10/30/971s
2
DISCUSSION OF TOPICS FOR PROPOSED USE
A. Traffic flow and control - We feel that this type of facility would not add any more than 2 — 4 cars per
week to the current or usual traffic flow. This is NOT the type of business that requires unusual
deliveries, business hours or noise.
B. Access and circulation within the property — This type of use of the home will not alter the current
mess or circulation to the property.
C. Off street parking and loading — There is an existing driveway to the two car garage and also a paved
area for additional parking on the property directly in front of the home.
D. Refuge and Service area — The refuge and service areas will not be affected by anything.
E. Utilites — The home includes City of Kalispell sewer and water system. Utilites are provided by
Flathead Electric. The Current utilities may show a slight increase over previous teneants.
F. Screening and buffering — This use of this home would show no benefit by this. However the front
yard is currently fenced
G. Signs, yards and other open spaces — A small quaint sign / shingle would be appropriate. Some
upgrades to landscaping to beautify the grounds will eventually take place. Our intention is to bring
the current homesite up to standards with the surrounding homes to increase it's beauty and value.
Any neighbor should be proud of the home standing in their community when we are through.
H. Height, bulls and location of structures — No dnanges in the current structures are foreseen.
L Location and proposed open space uses — Tbe only open spaces are the driveway and the yard area
No changes are necessary to the current layout
J. Hairs and manner of operation — No unusual hours of operation are necessary other than normal
residential activities/hours. The manner of operation will be to provide a family environment to no
more than four (commonly three), high functioning retired individuals. Thus, providing home cooked
meals and companionship to folks that would normally be alone and without care.
R. Noise, light, dust, odor, firmes and vibrations — None of these items are applicable to our proposal.
Our living conditions will fie the same as everyone else in the neighborhood.
OUR MISSION STATEMENT
Everyone's first choice is to live in their own home, but when that is not possible we are a wonderful
alternative. As a diver to this situation, we offer quality of life to retirement age folks by bringing
them into our family and sharing meals, outings and activities as any family would. Yet, we provide the
service of needs like companionship, food preparation, transportation to appointments, laundry and any
other needs that they might have. You must understand that these individuals are not ready by any means
for the convelesent care. They still have much to offer to the community and are high functioning adults in
the c ommuauity with much quality of life left to enjoy.
Thank you
Joe Cude and Family
PLAN OF AFFECTED AREA
A. The entire block directly facing the home in which we would like a conditional use permit for, is
currently and has been for some time, a rest home for the elderly and disabled. Their location is block
2, lots 1 through 12. Our hone is block 3, lot 10. Our surrounding ng land uses include Buffalo Hills
Golf Course to the northeast according to our map. Wghland Park to the northwest and residential
homes to the south.
B. The dimensions of the home's lot is 75 x 120 feet. The shape of the lot is rectangular.
C. The topographic features include tow access roads to the home. Charlotte Street runs behind the home
with an open access to the lot. Crestline Street runs in front of the home with access to the home's
private driveway and gated entrance. There is a paved area in front of the fence for additional parking,
etc... In addition to this the yard slightly slopes downward from Crestline Street to Charlotte Street for
good drainage. The homesite also includes various shrubs that we feel needs to be managed with two
nice shade trees in the bade yard. The front and back yards are covered in lawn area
D. Regarding the sizes and location of existing buildings, please refer to the plot map.
E. N/A
F. The existing use of the structure and open areas is currently residential and yard with a two car garage.
Some light upgrades to the living quarters and landscaping is being planned to help brighten up this
already beautiful home.
G. The proposed use is to remain a residential home. In addition to this, the home will serve as a safe
haven for typically three, but no more than four elderly / retired residents.
Thank you
Joe Curie
FRDO
Z-98
CERTIFICATION
APPLICANT: BYRON & LOIS RANDALL
FRDO FILE #: KCU-99-7
I, the undersigned certify 'hat I did this date mail a copy of the attached notice to the
following list of landowners within 150 feet of the property lines of the property
that is the subject of the application. ,
Date:
Assessor's S-T-R Lot/Tract Property Owner
No. No. & Mail Address
SEE ATTACHED LIST
APPLICANT
BYRON & LOIS RANDALL
120 CRESTLINE
KALISPELL MT 59901
TECHNICAL PARTICIPANT
BILL BEEDE
TED DYKSTRA REAL ESTATE
PO BOX 183
KALISPELL MT 59903-0183
OTHER INTERESTED PARTIES
JOE & LEONA CURE
5665 W ELLERY ST
FRESNO CA 93722
SUWECT PROPERTY
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NOTICE OF PUBLIC HEARING
KALISPELL CITY -COUNTY PLANNING BOARD AND ZONING COMMISSION
Zone Change from AG-40 to SAG-5 - Smith Lake Road and Whalebone Drive
Zone Change from B-3 to B-4 - Smith Food and Drug Centers, Inc.
Conditional Use Permit for Community Residential Facility in R-3 Zone - Crestline Drive
The regular meeting of the Kalispell City -County Planning Board and Zoning Commission is
scheduled for Tuesday, July 13, 1999, beginning at 6:00 PM in the Kalispell City Council
Chambers, Kalispell City Hall, 312 First Avenue East, Kalispell. During this regularly
scheduled meeting, the board will hold public hearings or take public comments on the
following agenda items and will make recommendations to the City Council or the Board of
County Commissioners, who will take final action:
To the Flathead County Board of Commissioners
1. A request by Margaret Huckeba, Timothy and Elizabeth Heaps and Marian Kelly for a
zone change from AG-40, an Agricultural zoning designation with a 40 acre minimum lot
size requirement, to SAG-5, a Suburban Agricultural zoning designation with a five acre
minimum lot size requirement on approximately 78 acres. This property is in the Lower
Side Zoning District and is located on the east side of Smith Lake Road and south of
Whalebone Drive approximately 200 feet. The properties can be described as Assessor's
Tract 4A in Section 22 and Assessor's Tracts 7 and 7B and a portion of 7A and 4CE in
Section 15, Township 28 North, Range 22 West, P.M.,M., Flathead County Montana, and
as further described in Exhibit A.,_ -
To the Kalispell City Council:
2. A request by Smith Food and Drug Centers, Inc. for a zone change from B-3, a
Community Business zoning designation, to B-4, a Central Business District zoning
designation on approximately 4.22 acres. This property is located between Fourth Avenue
East and Third Avenue East south of Idaho Avenue. The properties can be generally
described as Lots 1 through 12, Block 19 and Lots 1 through 12, Block 22, Kalispell
Original, located in Sections 7 and 8, Township 28 North, Range 21 West, P.M.M.,
Flathead County, Montana, and as further described on attached Exhibit B.
3. A request by Byron and Lois Randall for a conditional use permit to allow a community
residential facility for four elderly adults on property zoned R-3, Residential. This zoning
district lists community residential facilities for eight or fewer people as a conditionally
permitted use. This use is proposed in an existing single family home located at 120
Crestline Avenue in Kalispell which is east of Highway 93 on the south side of Crestline
Avenue and south of Buffalo Terrace. The property can be described as Lot 10, Block 3,
Highland Park Subdivision located in Section 7, Township 28 North, Range 21 West,
P.M.,M, Flathead County, Montana.
Documents pertaining to these agenda items are on file for public inspection in the Flathead
Regional Development Office, 723 Fifth Avenue East, Room 414, Kalispell, MT 59901, and are
available for public review during regular office hours.
Interested persons are encouraged to attend the hearings and make their views and concerns
known to the Board. Comments in writing may be submitted to the Flathead Regional
Development Office at the above address prior to the date of the hearing.
71 'R
Thomas R. Jentz
Planning Director
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BYRON '-& LOIS RANDALL
REQUEST FOR A CONDITIONAL USE PERMIT TO ALLOW
A COMMUNITY RESIDENTIAL FACILITY FOR ELDERLY ADULTS
R-3, ONE FAMILY RESIDENTIAL
,ALISPELL ZONING DISTRICT
PIo? DATE:8/29/99
FILE # KC U — 9 9 — 7 SCALE I" = 2 00' HAj�m\dta\XCU99-7_dn
DON McCLARTY
P O Box 413 Kalispell, Montana 59901 (406)
-% s -..;,
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that the Flathead County Commissioners approve the zone
change. On a roll call vote all members voted Aye. The motion
passed unanimously.
SMITH FOOD ZONE A request by Smith Food and Drug Centers, Inc. for a zone change
CHANGE from B-3 to B-4 on approximately 4.22 acres on property located
between Fourth Avenue East and Third Avenue East south of
Idaho Avenue.
STAFF REPORT Narda Wilson gave a presentation on staff report KZC-99-3 in
which staff recommends that the board recommend to the
Kalispell City Council that the requested zone change from B-3 to
B-4 be granted. The owners tried to buy the adjoining parcel to
the south but were unable to negotiate a price. Therefore they are
asking for a B-4 zoning designation in order to alleviate the
required setbacks in the B-3.
PUBLIC HEARING The public hearing was opened to those in favor of the petition.
PROPONENTS Kirk Randall, representing the applicants, spoke in favor of the
petition stating that they are going to build an additional building
with ten foot side corner setbacks. _
Rude Knudsen, son of the adjacent landowners, stated that his
parents are not in objection to the progress of the property and are
happy to see the removal of the "brick fence". He asked how this
zone change would be reflected on the taxes.
No one else wished to speak and the public hearing was closed.
BOARD DISCUSSION Wilson explained that a residential property within a business
zoning district is still assessed as residential for taxes until such
time as the property is used for a commercial use.
MOTION Garberg moved and Hines seconded to adopt staff report KZC-99-
3 as findings of fact and, based on these findings, recommend to
the Kalispell City Council that the requested zone change from B-3
to B-4 be granted. On a roll call vote all members voted Aye. The
motion passed unanimously.
RANDALL A request by Byron and Lois Randall for a conditional use permit
CONDITIONAL USE to allow a community residential facility for four elderly adults on
PERMIT property zoned R-3 in an existing single family home located at
120 Crestline Avenue in Kalispell which is east of highway 93 on
the south side of Crestiine Avenue and south of Buffalo Terrace.
STAFF REPORT Narda Wilson gave a presentation of staff report KCU-99-7 in
which staff recommends that the board recommend to the
Kalispell City Council that the conditional use permit be granted
Kalispell City County Planning Board
Minutes of meeting July 13, 1999
Page 2 of 6
subject to three conditions. Wilson explained that there are
potential purchasers of the property that want to use the existing
home, with minor modifications to make it handicapped
accessible, for a group home in which they would be the owner-
operators of the facility and would provide 24 hour non-skilleo.
nursing care. Wilson noted that this would be an excellent use of
the property and strongly supports the proposal. This use would
not significantly impact the neighborhood and would be close to
other elderly care facilities.
Garberg asked why staff `strongly' supports the application and
Wilson answered that the property location is ideal for this use, it
is consistent with the character of the area, has adequate on -site
parking, there would be no impacts to the neighborhood with this
use, and the seniors would be close to any medical needs they
might have with the hospital there.
Wilson explained that under State Statutes and Montana Supreme
Court case law group homes are considered a residential use of a
property, and conditions cannot be placed on the conditional use
permit that would not generally be applicable to other single
family residences.
PUBLIC HEARING The public hearing was opened to those in favor of the petition.
PROPONENTS Bill Beade, representing the applicants, spoke in favor of the
petition. He stated that this home would make an excellent grout
home for the seniors. He stated that the Joe and Leona Cude had
OPPONENTS already purchased the property.
Jerry Schnell, 136 Crestline, asked about the number of people
that will be providing the care for the seniors. He asked about
whether the patients (residents) will be permitted to have cars,_
plus the cars of the owners, and is there enough on -site parking;
he disagreed with the consistency of the neighborhood because
this is a residential area, he asked how many bedrooms are in the
home and would it be enough for the number of residents
planned, questioning the adequacy of the home; there are already
a number of assisted living facilities in the area that are more
professional; there are traffic concerns.
Ruby Donahue, 144 Crestline, spoke against the group home use
stating that this is a single family area and they want to keep it ,
their kind of street, this is a commercial use, -and they want this to s
continue to be a residential neighborhood, and agrees with the
comments of Mr. Schnell.
No one else wished to speak and the public hearing was closed.
Kalispell City County Planning Board
Minutes of meeting July 13, 1999
Page 3 of 6
BOARD DISCUSSION Stevens stated that the residents are protected by State statute
with the right to have and live in a group home. The conditions
placed require licensing, inspections and approval from the State
Department of Public Health and the Kalispell Fire Marshall. The
current owners, or prospective owners, have a legal right that the
board and the council cannot do anything about. The specifics of
the situation cannot be addressed, other than the licensing
requirements, by the board.
Garberg stated that zoning exists to protect existing property
owners from certain types of encroachment and he is not at all in
agreement with the staff that this use would have a minor impact
on the neighborhood. If he were an owner of one of the expensive
homes in the area he would feel that this is a commercial use and
would not be happy with it
Rice asked about the legal issue.
Wilson stated that Montana Code Annotated (76-2-412) states:
foster youth group homes and community residential facilities,
serving eight or fewer people, is considered a residential use of
the property for purposes of zoning and are a permitted use in all
residential zoning districts including but not limited to single
family districts. Any safety and sanitary issues are regulated by
the Department of Public Health and Human Services, and
conditions that are not applicable to residential occupancies in a
general way cannot be placed on a residential group facility. it is
very clear in the statutes that these uses are protected, (group
homes of eight or fewer), and allowed in residential
neighborhoods. There are certain state requirements etc, but this
is regulated and licensed under the state.
Johnson stated that the adequacy of the facility and the caregivers
is regulated by the state subject to their inspection and Wilson
agreed.
Rice asked what would happen if the board denied the petition.
Wilson explained that if the City Council were to deny the petition
and it were litigated they would lose. Because of previous actions
of the City on a similar case and the ramifications of that case, the
council would not deny this.
Stevens stated that one other way it could go would be that the
applicants would go ahead and have their group home facility and
the City would then be in the position of having to file some type of
enforcement action.
Heinecke asked about the parking and staffing issues brought up
Kalispell City County Planning Board
Minutes of meeting July 13. 1999
Page 4 of 6
by Mr. Schnell. It was clarified that additional parking
requirements could not be placed on the permit, besides what
zoning would require, and the State regulates the number of staff
required based on the number of residents.
Schnell stated that even if the four residents don't have cars they
will have visitors, and that also creates the parking problem and
he doesn't think that the adequacy of the floor plan of the house
has been answered.
Wilson explained that there are six on premise parking spaces on
the property, and the State Health Department would determine
the adequacy of the building and caregivers. She stated that these
uses should be placed on a permitted use, not a conditional use,
because the notices cause confusion. These facilities go through
this process in order to notice the public, and it is not an issue of
the local government, (planning board or council) having any real
authority to deny the permit.
Heinecke added that he believes that this would fit within this
neighborhood.
Mr. Beede stated that he understands that neighborhoods have
some problems with transient youth group homes in their
neighborhood, but he cannot accept people being opposed to
having elderly people coming in to their neighborhood.
Johnson asked that Wilson add this to the next housekeeping _.
agenda.
MOTION Stevens moved and Sipe seconded to adopt staff report KCU-99-7
as findings of fact and, based on these findings, recommend to the -
Kalispell City Council that the conditional use permit be granted
subject to the three conditions as laid out in the report.
Heinecke moved to strike condition one as there was no site plan
for the board to approve, and Stevens seconded. On a roll call
vote Stevens, Johnson, Hines, Sipe, Heinecke, and Garberg voted
Aye. Rice voted No. The motion to amend the motion to
recommend approval by striking condition one passed on a vote of
six in favor and one opposed.
On a roll call vote Sipe, Heinecke, Johnson, Rice and Stevens
voted Aye. Hines and Garberg voted No. The motion to
recommend approval of the conditional use permit, with the
amended conditions, passed on a vote of five in favor and two
opposed.
Kalispell City County Planning Soar;.
Minutes of meeting July 13. 199S
Page 5 of 6