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12. Conditional Use Permit - John McKinnon & John SantaTri-City Planning Office 17 Second Street East - Suite 211 Kalispell, Montana 59901 Phone: (406) 751-1850 Fax: (406) 751-1858 tricityplanninz(w-centurytel.ne wwvv.tricityplanning-mt.com REPORT TO: Kalispell Mayor and City Council FROM: Narda A. Wilson, Senior Planner Chris A. Kukulski, City Manager SUBJECT Conditional Use Permit for Transitional Home at 205 Fifth Avenue East. - R-3, Residential, Zoning MEETING DATE: August 4, 2003 BACKGROUND: This is a request by the John and Carol Santa and John and Rosemary McKinnon for a conditional use permit to allow a community residential facility for eight or fewer people in an R-3, Residential zoning district. The applicants propose to operate a "transitional home" for young adults leaving Montana Academy. They would live in the home with on -site staff supervision and will learn the tasks of young adulthood by working or attending college. This home would be in a single family residence located at 205 Fifth Avenue East in Kalispell: Community residential facilities for eight or fewer people are listed as a conditionally permitted use in all of the residential zoning districts. The home will be licensed with the State of Montana Public Health Department for a "transitional home." 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. A copy of the statutes is included for your information. The Kalispell City Planning Board held a public hearing on July 8, 2003 and one person voiced concerns about the character of the neighborhood and the impacts the home would have on properties in the area. The applicants stated that these are young, responsible adults who will have an opportunity to transition in to the community after living at the Montana Academy and graduating from high school. They said if anyone had concerns, problems or other issues they could contact them personally. The applicants are long-time members of the community who have built a successful partnership in counseling and educating young people outside the constraints of decision making boards and public funding requirements and felt they had developed really successful techniques in educating and teaching life skills. RECOMMENDATION: A motion to grant the conditional use permit for the transitional home subject to the recommended conditions would be in order. FISCAL EFFECTS: None. Providing Community Planning Assistance To: • City of Columbia Falls • City of Kalispell • City of Whitefish Santa Conditional Use Permit July 18, 2003 Page 2 ALTERNATIVES: As suggested by the city council. Respectfully submitted, Narda A. VAlson Chris A. Kukulski Senior Planner City Manager Report compiled: July 18, 2003 Attachments: Letter of transmittal and Attachment A (conditions) TCPO staff report KCU-03-3 and back-up materials Planning board minutes from 7/8/03 State statutes on group and foster homes City of Kalispell P. O. Box 1997 Kalispell, Montana 59903-1997 GRANT OF CONDITIONAL USE APPLICANT: John and Carol Santa John and Rosemary McKinnon 28 W. California Street Kalispell, MT 59901 LEGAL DESCRIPTION: Lot 12, Block 193, Kalispell Addition #2 in Section 17, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana ZONE: Residential, R-3 The applicant has applied to the City of Kalispell for a conditional use permit to allow a community residential facility as a transition home for boys or girls leaving the Montana Academy. The facility will help the residents learn the tasks of young adulthood by supervising them as they work or attend college. The Kalispell City Planning Board and Zoning Commission, after due and proper notice, on July 8, 2003, held a public hearing on the application, took public comment and recommended that the application be approved subject to three conditions. After reviewing the application, the record, the TCPO report, and after duly considering the matter, the City Council of the City of Kalispell, pursuant to the Kalispell Zoning Ordinance, hereby adopts Tri-City Planning Office, Conditional Use Report #KCU-03-3 as the Council's findings of fact, and issues and grants to the above -described real property a conditional use permit to allow a community residential facility in a Residential, R-3 zoning district 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. 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 within 18 months from the date of authorization or that a continuous good faith effort is being made to do so. Dated this 4th day of August, 2003. : ss County of Flathead Pamela B. Kennedy Mayor On this day of , 2003 before me, a Notary Public, personally appeared Pamela B. Kennedy, Mayor of the City of Kalispell, known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same on behalf of the City of Kalispell. 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 Tri-City Planning Office 17 Second Street East — Suite 211 Kalispell, Montana 59901 Phone: (406) 751-1850 Fax: (406) 751-1858 tricity*centurytel.net July 18, 2003 Chris Kukulski, City Manager City of Kalispell P.O. Box 1997 Kalispell, MT 59903 Re: Conditional Use Permit for Transitional Home at 205 Fifth Avenue East - R-3, Urban Residential, Zoning District Dear Chris: The Kalispell City Planning Board met on July 8, 2003, and held a public hearing to consider a request by John and Carol Santa and John and Rosemary McKinnon for a conditional use permit to allow a community residential facility for eight or fewer people in an R-3, Urban Residential, zoning district. The applicants propose to operate a "transitional home" for young adults leaving Montana Academy. They would live in the home with on -site staff supervision and will learn the tasks of young adulthood by working or attending college. This home would be in a single family residence located at 205 Fifth Avenue East in Kalispell. Narda Wilson with the Tri-City Planning Office presented staff report KCU-03-3 evaluating the conditional use permit proposal. The staff recommended approval of the application subject to three conditions. She also noted that community residential facilities with eight or fewer people have a special status under the state zoning statutes and has been supported by case law. These facilities are considered a "residential" use of property for zoning purposes and although the local government can require a conditional use permit, no conditions can be placed on the permit that would not otherwise apply to single family residences in general. The board opened the public hearing and one person from the neighborhood spoke in opposition because the character of the neighborhood could be undermined, potential behavior problems and additional risk to the residents. The applicants responded by saying these are responsible young adults who have not been in trouble with the law and have respected the rules of the academy and are ready to move on. If there are any potential problems, they could be contacted directly to address them. Providing Community Planning Assistance To: • City of Kalispell • City of Columbia Falls • City of Whitefish • Santa / McKinnon Conditional Use Permit July 18, 2003 Page 2 The board discussed the request and the applicant answer questions. A motion was made to adopt staff report KCU-03-3 as findings of fact and forward a recommendation to the Kalispell City Council to approve the conditional use permit subject to the conditions in Attachment A. Please schedule this matter for consideration by the city council at their next regular meeting of August 4, 2003. Please contact this board or Narda Wilson at the Tri-City Planning Office if you have any questions regarding this matter. Sincerely Kalis 11 City Planning Board lor Ge�ory Pr6sident GT/NW Attachments: Attachment A - Recommended Conditions of Approval TCPO staff report KCU-03-3 and application materials Minutes from the 7/8/03 planning board meeting Copy of state statutes addressing group homes c w/ Att: Theresa White, Kalispell City Clerk c w/o Att: John and Carol Santa, John and Rosemary McKinnon 28 W. California St., Kalispell, MT 59901 Scott Santa, 1 Main Street, Kalispell, MT 59901 H: \FRDO \TRANSMIT\ KALISPEL\2003 \KCU03-3.DOC Santa / McKinnon Conditional Use Permit July 18, 2003 Page 3 ATTACHMENT A JOAN Al;D C,9154OL CONDITIONAL USE PERMIT RECOMMENDED CONDITIONS • • The Kalispell City Planning Board is recommending the following conditions to the Kalispell City Council for the above referenced conditional use permit approval request. A public hearing was held on this matter at the July 8, 2003 planning board meeting. That the proposal will be developed in substantial conformance with the approved plan and the Kalispell Zoning Ordinance. 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 within 18 months from the date of authorization or that a continuous good faith effort is being made to do so. . - v � . a) Q) I * - ;' = M CD (1) t — ;�' 4. — g ;. � a) w a) 1- - - - 4'v 1: to a).- C) 0 cd 0 cd U as M - CV4. 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I — -4� = (3) CD 0 M tz a) bn -45 m (w to 0 CD bD EM L CD bO C) "IZ 4.6 0) - ,.4 cd r. M C W 0 4� 4.4 (3) M 4a. Cd O "TZ u IL 0 0 s.0 0 aid a.cw C) t- t- 441 0 4J .040 c - M = cli 4. CD �r. t- L- ' M C)_t6c�- 4. p bi) m (D 0 (z 9 bB;F t to bjD m 0 0 bn > as ;w. p > > r M bj) a) -4� SZ. vs 5 T3 C) (z (00 > o 0) C) bj) A B: bn= t $:4 rz = ;.' -'M 0 4� I PC (M C) V� > C) g 0 (0)Ooo4.4 > IM. r 'w E--f (a) 0 0 C' Z as C;--i coz -0 0 -4� (1) 411 4) . r. Pq ci Z 4� a) 41� C) bl, F. Z M 4� tl 1:4 Cd a), C� to U 't� m 41 0 bf) 0 E- cl 0 W 4� 0— P-4 ho 8 (z C) o - ;. > --:Oo bp Cd CZ a) a) E- 7' 40. (Z 0 E r. L 0 m 4 0-8 m z := , — c) -- -4 -4 a; WA a) 4, 41 ? — 8 — J�' -Tz , (1) -4. u in. Cd U 43) ID lz. a) w 0, m r. > ad 43 BOARD DISCUSSION Norton questioned whether or not the board should be voting on the preliminary plat until there is a more finalized version of the plat with the required revisions. Wilson said that there are typically minor revisions to a plat, but that the board will not likely see a whole lot of difference overall. She indicated the roadways would be consolidated, but that the basic configuration would remain the same. She stated that the developer will have to redesign subdivision within the constraints that are outlined. She stated that the plats go through a design review phase before the final plat is submitted that this often times will result in minor modifications to the original design. Atkinson stated that he likes a gridded road system, and that this development does not have one. He said that it might have been a good idea to have a lot be set aside for an easement for a road headed east, because we don't know what is going to happen to that next property. He stated that subdivisions are choosing not to be involved with one another and that every time we can, we should look at a gridded system so they can connect with one another. Taylor noted that because the preliminary plat approval is valid for three years, isn't it possible that the property to the east could come before the board, and couldn't one of the phases of this project be altered somehow to adopt a grid system? Wilson answered that the developers could do it independent of the conditions of approval, but the statutes specifically say that subsequent conditions cannot be placed on a plat after approval by the governing body. There was discussion regarding the grid system and interconnected subdivisions. ROLL CALL I The motion passed unanimously on a roll call vote. SANTA AND MCKINNON A request by John Santa and John McKinnon, for a CONDITIONAL USE PERMIT conditional use permit to allow a community residential REQUEST facility for eight or fewer people in an R-3, Urban Residential zoning district, located on the southeast comer of Fifth Avenue East and Second Street East. STAFF REPORT Narda Wilson, with the Tri-City Planning Office, gave a KCU-03-3 presentation of staff report KCU-03-3, a request for a conditional use permit to allow a community residential facility for eight or fewer people in an R-3, Residential zoning district. Kalispell City Planning Board Minutes of the meeting of July 8, 2003 Page 5 of 12 Wilson stated that the applicants are asking for a conditional use permit for a community residential facility in an R-3 district, for eight or fewer people. She mentioned that they have been before the board for another facility located one block to the south. The home will be a transitional home for young adults, who are moving from high school to a less structured social environment within the community. The kids will be transitioning into a work environment or a school environment, and will be integrating into the community. The house is fairly large and was previously used as a bed and breakfast. She said that access will be from Second Street East where there is a double car garage and there is also access off of the alley to the east where there is a concrete parking pad where there is room for another four cars. However, residents would not typically have their own vehicles. There is no on street parking on Second Street East. There would be no significant modifications to the home as a result of the conditional use permit. Wilson said that community residential homes have a special status under state and federal statute, that they are considered a residential use for zoning purposes, and no conditions may be placed on them that would not be given to a regular residence. Wilson stated that staff is recommending approval of the conditional use permit subject to the three conditions listed in the staff report. PUBLIC HEARING The public hearing was opened to those who wished to speak � on the issue. APPLICANT/AGENCIES John McKinnon, 465 Orchard Ridge, applicant, stated that he directs the Montana Academy, a residential program and accredited high school for troubled teenagers. He said that the proposed use is meant as an extension of the academy, and that by the time the kids move into town, they will have been at the ranch for 14 to18 months, and this is part of a successful graduation from the Ranch. Many of the kids will be going on to college or jobs. He stated that the point of transition is that kids who leave a protected place and go back to urban life are shocked, and the idea is to expose kids to a community, get used to some of the risks of an urban life. He said there are no drugs, no violence and no alcohol at the academy, and that the kids need to be exposed to these risks so that they can feel competent to manage them for themselves. McKinnon said that it was important to say that these kids are anything but dangerous, and he is not worried about them coming into town. If he was, they would not be asking for a conditional use permit. He said that they are very proud of their kids, and they already have one group home a block away. Kalispell City Planning Board Minutes of the meeting of July 8, 2003 Page 6 of 12 PUBLIC COMMENT Jerry Begg, 220 Woodland Avenue, read letters from neighbors in the area, including his mother, and from Agnes Knapp, 613 Third Street East. Mrs. Knapp's letter stated that the new group home will be 150 feet from her back door and that she is opposed to the facility. Begg asked where the teens come from and where their homes are. He had concerns about the road and the possibility that the kids will have cars. He feels that this is a loophole in the zoning laws that allows a commercial business venture in a neighborhood. He also had concerns about the changes to the neighborhood and asked where is the guarantee that there will be no problems with the house or the kids. He would like someone to challenge the law allowing the group home, and he has a different perspective on what is happening in the community. Annesa Santa, 314 Ninth Ave West, addressed some of Begg's concerns. She said the kids' problems and backgrounds are varied, but they are not unusual. She stated that the students will not have cars, and will use bikes, walk and ride busses. The house will have one house car, which is a 15 passenger van, with a staff vehicle also parked at house. She said that there will be two staff members who split the week, and she is the director of both transition homes. She said that the boys in the other house are proud of their garden, and she hopes the girls will also have a garden. She stated that the kids have a curfew, midnight at the latest on weekends and 10:00 on weeknights, and they are not coming and going at all hours. The kids have many conditions placed on them to stay in the house, they are required to be at dinner five nights a week. There is always be a staff person in the house, and there are rules addressing noise. She said that one of the benefits is community involvement, and that she can be contacted if there are issues or problems. No one else wished to speak and the public hearing was closed. MOTION Norton moved and Hinchey seconded to adopt staff report KCU-03-3 as findings of fact and, based on these findings, recommend to the Kalispell City Council that a conditional use permit be granted to John Santa and John McKinnon to allow a community residential facility for eight or fewer people in an R-3, Residential zoning district, subject to the three conditions. BOARD DISCUSSION Atkinson asked McKinnon if the new house is for males or females. McKinnon answered that females will be in the new house, and that males are in the house from last year (305 4th Avenue East). Atkinson mentioned that their track record is very good and there are fewer neighbors attending the Kalispell City Planning Board Minutes of the meeting of July 8, 2003 Page 7 of 12 public hearing than there were last year for the other home. Norton stated that he appreciated Begg's comments and concerns, but there is no precedent to change the law. He stated that he has had dealings with McKinnon and Santa and is very impressed with the students and Montana Academy. While it is an unusual circumstance, it fits in great with situation and there are quality individuals running the program and they are conscious of the city and the neighbors. Hull commented that 20 years ago the Supreme Court penalized the City of Kalispell for denying a permit for a group home and that the important thing is 24 hour supervision. He said that group homes are far more common that we would imagine and there are lots of them in town. Anderson commented she would love to have the group home next door to her. She has heard no negatives about any group home in town. Atkinson mentioned that he has three or four and a beat up RV in front of his house, and would love to have all his kids eat at his house at the same time five nights a week. He has lived across the street from a group home, and they were the nicest people you would want to know. He is sure that the individuals in this home will prove themselves to be good neighbors. Taylor commented that we have a strong community and that work at 305 Fifth Avenue East has been so successful, it shows we can make things work harmoniously. He said MCA 76-2-402 is not preemptive of no remedy and that if the place turns out to be a nuisance, we do have remedies to take care of it. ROLL CALL I The motion passed unanimously on a roll call vote. STROISCH ZONING A request by Leshia Wright Stroisch for an amendment to the ORDINANCE TEXT Kalispell Zoning Ordinance that addresses changes to non - AMENDMENT REQUEST conforming historical residential structures. STAFF REPORT Narda Wilson, with the Tri-City Planning Office, gave a KZTA-03-4 presentation of staff report KZTA-03-4, a request to amend the Kalispell Zoning Ordinance that addresses changes to non -conforming historical residential structures. Wilson stated this is a proposal to address modifications to non -conforming structures of historical significance. She said that the applicants are restoring a home in the 400 block of Fourth Avenue East, and have been rehabilitating and restoring the architectural integrity of the structure Kalispell City Planning Board Minutes of the meeting of July 8. 2003 Page 8 of 12 JOHN SANTA AND JOHN MCKINNON TRI-CITY PLANNING OFFICE JULY 1, 2003 A report to the Kalispell City Planning Board and Kalispell City Council regarding a request for a Conditional Use Permit to allow a community residential facility for eight or fewer people in an R-3, Residential zoning district. A public hearing on this matter has been scheduled before the planning board for July 8, 2002, beginning at 7:00 PM, in the Kalispell City Council Chambers. The planning board will forward a recommendation to the city council for final action. BACKGROMM THIPORMATION: Community residential facilities serving eight or fewer people fall under a special provision in the state statutes, Section 76-2-401, M.C.A., that give them a specific "residential" status. Because of this special status no conditions may be placed on the permit that would not otherwise apply to residences in general. Additionally, a conditional use permit for community residential facilities cannot be denied by the governing body and the public hearing is intended as a forum for information and public comment. A. Petitioner: John Santa & John McKinnon 28 W. California Street Kalispell, MT 59901 (406) 752-8408 Scott Santa 1 Main Street Kalispell, MT 59901 (406) 257-8900 B. Size and Location: The property proposed for the group home is located on the southeast corner of Fifth Avenue East and Second Street East in Kalispell. The residential facility is proposed in an existing home at 205 Fifth Avenue East. The property can be described as Lot 12, Block 193, Kalispell Addition #2 in Section 17, 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 a community residential facility as a transition home for boys or girls ages 17 through 19. The home will provide a structured environment where adolescents and young adults can live while attending college for the first time, getting some employment experience or doing volunteer work in the community. The residents of the house will be supervised by an on -site manager and will learn a curriculum of life skills designed to help then live successful independent lives. The property where the transition home is proposed is zoned R-3, a Residential zoning district that lists community residential facilities for eight or fewer people as a conditionally permitted use. This use is proposed in an existing single-family home. The home will need to be licensed and operated in accordance with the State of Montana Public Health Department for group homes. Group homes for eight or fewer people fall under a specific exemption in the state statutes that classifies them as a residential use of the property and they cannot be denied. This residence was previously approved by conditional use as a bed and breakfast. It operated for several years as such and then closed. The current applicants are in the process of purchasing the home for the purpose of using it as a community residential facility. D. Existing Land Use and Zoning: Currently there is a single-family residence on the property to be used for the transition home. The residence contains approximately 3,400 square feet and has good architectural integrity and important historical significance. It is part of the East Side Historic District and is considered to be a "primary contributor" to the district. The house is a two and one-half story (37 feet high) lap sided home with an attached double car garaged that accesses off of the alley. No modifications will be made to the home other than some minor changes that may be required to comply with building code requirements for group homes. The zoning for the property is R-3, a Residential district that lists group homes and community residential facilities for eight or fewer people as a conditionally permitted use. E. Surrounding Zoning and Land Uses Zoning: The properties in the immediate area are all developed with older single-family residences and this area is considered to be a prime residential area in the city of Kalispell because of its good architectural character and historic significance as well as the mature streetscape of the area. Conrad Mansion lies a block to the southeast. North: Single family residential; R-3 Residential zoning 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 current Kalispell City Growth Policy Map designates this area as urban residential, which provides the basis for the R-3, Urban Residential, zoning designation. G. Utilities/ Services: Sewer service: City of Kalispell Water service: City of Kalispell Solid Waste: City of Kalispell Gas: Montana Power Company Electric: Flathead Electric Cooperative Phone: CenturyTel Police: City of Kalispell Fire: Kalispell Fire Department Schools: School District #5, Kalispell H. Evaluation of the Request: 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. The proposed use would not affect the zoning setbacks since the use Will not require significant exterior if any remodeling. Parking is proposed on site. 4 b. Adequ ate Access: Primary access to the property can be gained from Second Street East to a detached double car garage. Additionally another access can be taken off of the alley to the east where four additional parking spaces have been developed for the property. The access appears to be adequate as it currently existing. Drop-off parking area in front of the house on Fifth Avenue East can be accommodated at the curb or a drop-off area can be accommodated from the alley. Access to the site is good. C. Environmental Constraints: There are no obvious environmental constraints apparent on the property. The property is generally level and has already been developed in a residential area of Kalispell. a. Parking Scheme: The Kalispell Zoning Ordinance requires two spaces per single-family dwelling. Parking can be accommodated inside an existing double car garage providing two spaces accessed off of Second Street East with room for two additional vehicles in front of the garage for a total of four spaces. Additionally, there is a concrete parking pad to the rear of the house that can be accessed from the alley to the east. It appears that this area can accommodate another four parking spaces in this area. All total it appears that eight off-street parking spaces can be accommodated on -site. No alterations to the existing parking situation will be required in order to meet the parking requirements of the zoning regulations. Additionally, typically none of the residents in the home will have individual vehicles, but will use alternative transportation. b. Traffic Circulation: There is no specific traffic circulation within the site since all traffic will enter and exit primarily from the existing driveway off of the alley on Second Street. Guest parking will be provided either in the established parking area to the east of the house off of the alley or in front of the house at the curb. There is no parking allowed on Second Street East adjacent to the home. 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 architectural and historical significance. d. Pen cing,/ Srreening,l Land scaping: Mature landscaping exists throughout the property with fencing in place on the south, cast and north sides of the property. No fencing will be required. No additional screening or landscaping would appear necessary. e. Signagpe: No signage has been indicated on the site plan or proposed in the application. 301 W-MMM- a. &hoDh: This site is within the boundaries of School District #5, however, generally speaking, this proposal should have minimal impact on the school district with the children in the schools. 3 b. Parks and Recreation: Woodland Park is in close proximity to this site and lies to the northeast approximately one block. There should be no significant impact on the parks and recreation programs and facilities 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. The group home will need to comply with the Uniform Fire Code and will be coordinated with the Kalispell Fire Marshal. 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. f. Sewe : 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. 9. 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 Second Street East, which is well maintained, and in good condition. Roads in the area are adequate to accommodate the proposed use. Immediate Neighborhood Impact: The general character of this area is a high quality, well -established residential area. impacts to the neighborhood will be similar to those of a large family with children. The group home will generally function as a family unit. Impacts to the neighborhood should be relatively insignificant. 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 no public comments have been received from anyone. It is recommended that the Kalispell City Planning Board and Zoning Commission adopt Staff Report KCU-03- 3 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. 2. That all required licensing, inspections and approvals are obtained from the State Department of Public Health, the Kalispell Fire Marshal and City Building Department. 4 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 bring the project to completion. H:\ ... \KCU103\KCU03-3.DOC IM 5 Tri-City Planning Office 17 Second St East, Suite 211 Kalispell, MT 59901 Phone: (406) 751-1850 Fax: (406) 751-1858 APPLICATION FOR CONDITIONAL USE PERMIT CITY OF KALISPELL PROPOSED USE: n e. OWNER(S) OF RECORD. 4W -4 Name: C- > n tj in ri /-77— Mailing Address: W. /,)Por P1 C� I City/State/Zip: 9 C Phone: I-'ERSON(S) AUTHORIZED TO REPRESENT THE OWNER(S) AND TO WHOM ALL CORRESPONDENCE IS TO BE SENT: i Name: h, Mailing Address: J 1 t7-::z -5- Z- L,.-, / - 9-42- City/State/Zip: A,:a t /J7 5 Phone: "W-5'-3 - z 9 Street Sec. Town- Range Address: No. ship :2-9No. Subdivision Name: Tract Lot Block No(s).— No(s).— No. 1. Zoning District and Zoning Classification in which use is proposed: - 3 2. Attach a plan of the affected lot which identifies the following items: a. Surrounding land uses. b. Dimensions and shape of lot. C. Topographic features of lot. d. Size(s) and location(s) of existing buildings e. Size(s) and location(s) of proposed buildings. L Existing use(s) of structures and open areas. 9- Proposed use(s) of structures and open areas. e-s i &t'; Gre"'o If 9 0 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. 9- 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. Attach supplemental information for proposed uses that have additional requirements (consult Planner). M 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 Tri-City Planning staff to be present on the property for routine monitoring and inspection during the approval and development process. Appli0fit Signature Dat Addendum #2 205 5th Ave. East This house will be used as a transition home for teenagers ages 17-19. The transition home is a structured environment where adolescents and young adults can live while attending college for the first time, getting some employment experience, or doing volunteer work in the community. The residents of the house will be supervised, and will learn a curriculum of life skills designed to help them live successful independent lives. 3. Items a -- k. a. The traffic flow and control. No change of effect to residential traffic. Most residence will be walking or riding bicycles. b. . The parking will be either street parking or in the private existing garage or parking off the alley. No current change in traffic flow should occur. d. Kalispell city will pickup the trash. e. Full city services are available to the subject property. city water, city sewer, power and phone f. Screening will be provided in the back yard by the existing fence. g. No signs will be needed. The back yard of the existing home will be used for open space. h. Existing structure is approximately 37 feet in high. i. 24 hour residential usage. k. No excessive noise beyond normal residential noise. 4. Supplemental info. There will be an onsite manager living at the residence. This house will beused asatransition home for teenagers ages 174Q.The transition home isa structured environment where adolescents and young adults can live while attending college for the first time, getting some employment experience, nrdoing volunteer work inthe community. The residents of the house will be supervised, and will learn a curriculum of life skills designed to help them live successful independent lives. Tri-City Planning Office 17 Second Street East — Suite 211 lKalispell, Montana 5"01 16 # mill-0) k1*3 471T# �k) LA-4 Fax: (406) 751-1858 DATE: June 16 2003 These items will gobefore the,-,, .Site Development Review Committee in the Kalispell Building` Depart o n6' the foist wing dates. • June 19, 2003 - Initial comments • June 26, 2003 - Review Comments board will hold a public hearing and take -public comments on the following agenda items. The board will make a recommendation to the Kalispell City Council who vrM take final action. 1. A re Tfiii Biik fai�.' initial, zoning designatiom of R-3 Urban Residential ,quest by an 'to the. -city. of Kalispell on ap upon annexation: 6.,00 acres and RA-1, Low Density Residential Apartment, located on approximately 2.01 acres located on the north side of Three Mile Drive approximately one half mile west of North Meridian Road. This zoning designation anticipates single family in the R-3 area and single family, duplex and multi -family in the RA- I area. 2. A request by Tom Birk for preliminary plat approval of'Raven Rock Subdivision, a 37 lot residential subdivision on the north'side of Three Mile Drive approximately one half mile west of North Meridian Road. The plat would create 27 lots intended for, single family development and 10 lots intended for duplex development. 3. A request by John McKinnon and John Santa for a conditional use permit to aHow the operation of a community residential facility for eight or fewer people on property zoned R-3, Residential. This use is proposed in an existing single-family home located at 205 Fifth Avenue East in Kalispell and is located on the south-west comer of Fifth Avenue East and Second Street East. Providing Community Planning Assistance TO: • City of Kalispell - City of Columbia Falls - City of Whitefish • Referrals KPB 7/80/03 mtg June 16, 2003 Page 2 A request by Leshia Wright Stroisch to amend the Kalispell Zoning Regulations creating a provision to allow changes. to non -conforming residential structures that would permit minor expansion into the setback areas to gain, regain or maintain historical integrity. The proposed amendment could apply to all historically significant residential structures that do not conform to current setback requirements. 131krM - - - 0 Julyl, 2003 so that they can be incorporated into the staff report. 'Ihese matters will go before the Kalispell City Planning I Board on, July 8, 2003 for public hearing. Please bring your comments. to the above referenced site review committee meeting(s) or submit your comments in writing or by phone, prior to July 1, 2003 so that they can be incorporated into the staff report to the planning board. You can reach as at 751-1852 or e-mail at tricitynarda(Renturvtel.net. c: w/ attachments: Jim Stewart, Fire Dept. Mike Baker, Parks and Rec Chris Kukuls1ki, City, Manager PJ. Sorenson, Zonina Administrator Roger Kraus, Police Dept Dick Amerman, City Enginee - r Frank Castle,Civil Engineer Jim Hansz, Director Public Works Sandy Wheeler, Community Redevelopment Susan Moyer, Community Development Director Craig Kerzman, Chief Building Inspector Charles Harball, City Attorney Applicant / Owner H:\...\AGREF\KALISPELL\KPB429REF'2.DOC NOTICE OF PUBLIC HEARING The regular meeting of the Kalispell City Planning Board and Zoning Commission is scheduled for Tuesday, July 8, 2003 beginning at 7:00 PM in the Kalispell City Council Chambers, Kalispell City Hall, 312 First Avenue East, Kalispell. The planning board will hold a public hearing and take public comments on the following agend,9- items. The board will make a recommendation to the Kalispell City Council who will take final action. 1. A request by Tim Birk for an initial zoning designation of R-3, Urban Residential upon annexation to the city of Kalispell on approximately 6.00 acres and RA-1, Low Density Residential Apartment, located on approximately 2.01 acres located on the north side of Three Mile Drive approximately one half mile west of North Meridian Road. This zoning designation anticipates single family in the R-3 area and single family, duplex and multi -family in the RA-1 area. The property is currently in the County zoning jurisdiction and is zoned SAG-10, a Suburban Agricultural zoning designation. A preliminary plat for 37 lots as described below is being filed concurrently with the annexation and zoning request. The property proposed for annexation and zoning can be described as Assessor's Tract 6A located in Section 1, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana. 2. A request by Tom Birk for preliminary plat approval of Raven Rock Subdivision, a 37 lot residential subdivision on the north side of Three Mile Drive approximately one half mile west of North Meridian Road. The plat would create 27 lots intended for single family development and 10 lots intended for duplex development. The subdivision would be developed in accordance with the City of Kalispell's design and construction standards. The preliminary plat is being submitted in conjunction with the annexation of the property and designation of initial zoning of R-3 Urban Residential and RA-1, Low Density Residential Apartment. The property can be described as Assessor's Tract 6A located in Section 1, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana. 3. A request by John McKinnon and John Santa for a to conditional use permit allow the operation of a community residential facility for eight or fewer people on property zoned R-3, Residential. This facility would function as a transition home for older children in a family setting and allow them to reintegrate into school and work. The zoning district lists community residential facties for eight or fewer people as a conditionally permitted use. Community residential facilities for eight or fewer people have an exempt status under the state statutes and cannot be denied by the local government. This use is proposed in an existing single-family home located at 205 Fifth Avenue East in Kalispell and is located on the southwest corner of Fifth Avenue East and Second Street East. The property can be described as Lot 12, Block 193, Kalispell Addition No. 2 in Section 8, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. 4. A request by Leshia Wright Stroisch to amend the Kalispell Zoning Regulations to create a provision that would allow changes to non -conforming residential structures that would permit minor expansion into the setback areas to gain, regain or maintam historical integrity. The proposed amendment could apply to all historically significant residential structures that do not conform to current setback requirements. Documents pertaining to these agenda items are on file for public inspection at the Tri-City Planning Office, 17 Second Street East, SuiteKalispell, MT 5990 1, and are available for public review during regular office hours. Interested persons are encouraged to attend the hearing and make their views and concerns known to the Board. Written comments may be submitted to the Tri-City Planning Office at the above address, prior to the date of the hearing, or contact Nard,� Wilson, Senior Planner, at (406) 751-1850 for additional information. Tri-City Planning Office 17 Second Street East - Suite 211 Kalispell, Montana 59901 Phone: (406) 751-1850 Fax: (406) 751-1858 You are being sent this notice because you are a property owner within 150 feet of the proposed project noted below and will be most directly affected by its development. You have an opportunity to present your comments and concerns at the meeting noted below. You may contact this office for additional information. NOTICE OF PUBLIC HEARING ?rALISPELL CITY PLANNING BOARD AND ZONING COMMISSION The regular meeting of the Kalispell City Planning Board and Zoning Commission is scheduled for Tuesday, July 8, 2003 beginning at 7:00 PM in the Kalispell City Council Chambers, Kalispell City Hall, 312 First Avenue East, Kalispell. The planning board will hold a public hearing and take public comments on the following agenda items. The board will make a recommendation to the Kalispell City Council who will take final action. A request by Tim Birk for an initial zoning designation of R-3, Urban Residential upon annexation to the city of Kalispell on approximately 6.00 acres and RA-1, Low Density Residential Apartment, located on approximately 2.01 acres located on the north side of Three Mile Drive approximately one half mile west of North Meridian Road. This zoning designation anticipates single family in the R-3 area and single family, duplex and multi -family in the RA-1 area. The property is currently in the County zoning jurisdiction and is zoned SAG-10, a Suburban Agricultural zoning designation. A preliminary plat for 37 lots as described below is being filed concurrently with the annexation and zoning request. The property proposed for annexation and zoning can be described as Assessor's Tract 6A located in Section 1, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana. 2. A request by Tom Birk for preliminary plat approval of Raven Rock Subdivision, a 37 lot residential subdivision on the north side of Three Mile Drive approximately one half mile west of North Meridian Road. The plat would create 27 lots intended for single family development and 10 lots intended for duplex development. The subdivision would be developed in accordance with the City of Kalispell's design and construction standards. The preliminary plat is being submitted in conjunction with the annexation of the property and designation of initial zoning of R-3 Urban Residential and RA-1, Low Density Residential Apartment. The property can be described as Assessor's Tract 6A located in Section 1, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana. Providing Community Planning Assistance To: City of Columbia Falls - City of Kalispell - City of Whitefish 3. A request by John McKinnon and John Santa for a conditional use permit to allow the operation of a community residential facility for eight or fewer people on property zoned R-3, Residential. This facility would function as a transition home for older children in a family setting and allow them to reintegrate into school and work. The zoning district lists community residential facilities for eight or fewer people as a conditionally permitted use. Community residential facilities for eight or fewer people have an exempt status under the state statutes and cannot be denied by the local government. This use is proposed in an existing single-family home located at 205 Fifth Avenue East in Kalispell and is located on the southwest comer of Fifth Avenue East and Second Street East. The pi-operty can be described as Lot 12, Block 193, Kalispell Addition No. 2 in Section 8, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. 4. A request by Leshia Wright Stroisch to amend the Kalispell Zoning Regulations to create a provision that would allow changes to non -conforming residential structures that would permit minor expansion into the setback areas to gain, regain or maintain historical integrity. The proposed amendment could apply to all historically significant residential structures that do not conform to current setback requirements. Documents pertaining to these agenda items are on file for public inspection at the Tri-City Planning Office, 17 Second Street East, Suite 211, Kalispell, MT 59901, and are available for public review during regular office hours. Interested persons are encouraged to attend the hearing and make their views and concerns known to the Board. Written comments may be submitted to the Tri-City Planning Office at the above address, prior to the date of the hearing, or contact Narda Wilson, Senior Planner, at (406) 751-1850 for additional information or e-mail at tricitynarda@centurytel.net. 11-11. sli —1 -7/.,., 1WCON 4 " fi;OV� - Thonla�_I�. �enli ZI Planning Director TCPO - 200 Zone Change, Variance, Conditional Use, PUD, Annexation & Zoning Date:1, the undersigned, certify that 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. r: t 1 MAIN STREET KALISPELL MT •i; JOHN MC I • • f STREAMSIDE INC PO BOX 2858 JACKSQN, WY 83001-0000 EDNA R. BEGG VINCENT & DIANNE JOHNSON 220 WOODLAND AVE 75151" AVE WN KALISPELL, MT 59901 KALISPELL, MT 59901-3509 GAA--%4SOlX F. LAPP PO BOX 86 LAKESIDE, MT 59922-OOJ T J ELLSWORTFLR H ELLSWORTI-L & FANCY SWAN 1058 WINSOR AVE PIEDMONT- CA 94610 ROBERT L CORNELL REVOCABLE LIVING TRUST 495 7'm AVE EN KALISPELL, MT 59901-3726 JOHNSON FAMILY TRUST M E K MOBRENWEISER DEL215 ANO & BETTY HANZEL 5� & RITA PO BOX 1816 KALISPELL, MT 59901-4544 539 3RD STE KALISPELL, MT 59903-1816 KALISPELL, MT 59901-4523 JILL FRAMPTON LEE G. KOZLOWSKI RITA G. FITZSIMMONS 146 5'm AVE. E. 1 233 51" AVE. E 233 5"H AVE. E KALISPELL, MT 59901 KALISPELL, MT 59901-4544 KALISPELL, MT 599014544 KAMALA B TROTTER SEWARD FAMILY TRUST, JANE J VICKI A JORDAN NOW ZABEL 6983 KALANIANAOLE HWY 3323 ASHLEY LAKE RD 170 LONE PINE RD HONOLULU, I-H 96825 KALISPELL, MT 59901 KALISPELL, MT 59901 WYNWOOD PACIFIC INC MARK STEVEN HARRIS JOSEPH & COLLEEN % CORENTAL % CORENTAL UNTERREINER PO BOX 1894 PO BOX 1894 136 5TH AVE E KALISPELL, MT 59903-1894 KALISPELL, MT 59903-1894 KALISPELL, MT 599014543 JADES & LINDA FLINCHBAUGH ARLENE MYLLYMAKI HARVEY STOCK 220 5TH AVE E 221 5m AVE E 221 5TH AVE E KALISPELL, MT 59901-4545 KALISPELIL, MT 599014544 KALISPELL, MT 59901-4544 JAMES & VIRGINIA TODD JACK H BEHRENS 116 5"E AVE E 541 W COLORADO ST KALISPELL, MT 59901 KALISPELL. MT 59901 ELIZABETH JONAS HEATHER B. BRIGHAM 1384 MEADOWLARK LANE PO BOX 3874 BIG ARM, MT 59910 WIC BURG, AZ 85358 SCOTTSANTA 1 MAIN ST KALISPELL, MT 59901 STANLEY& DAISY SHOEMAKER 129 5TH AVE E KALISPELL, MT 59901 JOHN MCKINNON 28 W CALIFORNIA KALISPELL, MT 59901 IDW El