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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 APPROVED-4/99 Lo f- t o , B3 o ck 31 TRACT # 6ef // I &(10 clL3pcw I t Polk ASSESSOR # OWNER/ADDRESS D Z 3y3So D5A&?O > 069&,V/o es1'F&mo o p-76g75o pz3 r9e-b V. -ram cz�L ?b Tiu� she. 4<13 S9 9 0 3 -o V/ 3 AO Atx 13 0 av-'o • �S"4 9 0 / - 3 5' 73 VL Le D �o l� 5 a av 3d 3 4 J e �• s .ems 5 9 9 d/- St S �6 /¢ � 03� yySo f--VIOe5k �046 I 10790Y9/ >(o6k y tzf tt 6&3V44� N, k h �¢ �3 f -)-0519 �So �5S59cfz QSi9rSo k N 4 1f i rG 5 77 3 5 57 o �( eo30 -705 to E't�3o�oS k 4 3-6ockA y P 2'2-f-.Ce30-,5n t t ti S EO 30 70 / S9 90t - 3SSo 41 p23i96a ��� ? - Z � -L D lvry S �-� 3 d 3 ��� i2� • �- �3 ?- Z 8 - Z i�C�� ^yam, S • / - 3 55 ` tic.._ `�• �- %�yl • 7'���-N-Q.dn %u ?- Z9-2i�SSO / z fiz . (v EB/9 pDYys3o Do 8 ySd9 oo8yS30 D 65& 350 o�s�3 I � _ cw• you � p a 3 ?&,�s %C��-�i.�.t..�•c.. `7� • �3d"Lc�vs�C. y2.�"Z-c� G�i��G� ZZZ e Zan_.. 4Ka 19 A) - }�al-ems- ems'- r3 a-7 w S-494 . .Q.. sa IL 59 941- k 4 4 tom.. '7'yi S� S9s o � 4 4 03�a9�v S'9 y E U 3 0-70 5 �riz a,�. &¢-�Je2� ED30 705 4t 093 95o 5 GL/. 4 It 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 1 i -------------- 2 3 'L'CL 6 4 ` 1 PARK 0 8 7 ��\7 2 5 4 7 6 `1 6 B < 8 7 6 15 1 1 v 1 = __ 8 2 6 B 1 _ =- 9 �o�-�E 3 . s 7 6 CD 1 8 7 9 8; 9 1 10 UNDERHILL CT �Pg, 6 U DERH! L g i 4 3 7 si 5, 4 3i 2 ST 7' 8i 9 1 47 3,'2: 1 + 3 D 4i 13 121 11 �► i _ CGS 6E6 '� U-$gp,NA� 3 c) o MED DENT Q4 4 2` 1 r�N8ACD co 00 5 6 4 ti 3• P 1 c� rn VICINITYMAP 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 -..;, a-�4�� * 3 �� H�91 /fl � cio 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