The URL can be used to link to this page

1. Conditional Use Permit - Leona Henry and Joe CudeFlathead Regional Development Office 723 5th Avenue East - Room 414 Kalispell, Montana 59901 Phone: (406) 758-5980 Fax: (406) 758-5781 REPORT TO: Kalispell Mayor and City Council FROM: Narda A. Wilson, Senior Planner Chris A. Kukulski, City Manager SUBJECT Conditional Use Permit for a Youth Group Home Facility Leona Henry and Joe Cude MEETING DATE: February 5, 2001 BACKGROUND: The applicant previously applied for and received a conditional use permit to allow a community residential facility for up to four seniors in the fall of 1999. Since that time the property owners' plans have changed and their conditional use permit has expired. They are making another application for a group home, this time for children rather than for seniors. 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 applicants are requesting a conditional use permit to allow a community residential facility for short term residential care (30 days or less) for up to five children between the ages of 0 to 14 years of age 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. The home will be licensed and operated in accordance with the State of Montana Public Health Department for group homes. Currently there is a two story single family residence existing on the property which will be used for the group home. There is a garage on the north side of the property which is accessed from Crestline Avenue. Minor modifications made to the home 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. 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. RECOMMENDATION: A motion to grant the conditional use permit for the group home subject to the recommended conditions would be in order. Providing Community Planning Assistance To: • Flathead County • City of Columbia Falls • City of Kalispell • City of Whitefish Henry / Cude Conditional Use Permit January 24, 2001 Page 2 FISCAL EFFECTS: None. ALTERNATIVES: As suggested by the city council. Narda A. Wi son Chris A. Kukulski Senior Planner City Manager Report compiled: January 24, 2001 Attachments: Letter of transmittal Attachment A (conditions) Staff report KCU-00-10 and back-up materials Draft planning board minutes State statutes on group and foster homes City of Kalispell P. O. Box 1997 Kalispell, Montana 59903-1997 GRANT OF CONDITIONAL USE APPLICANT: Leona Henry and Joe Cude 120 Crestline Avenue Kalispell, MT 59901 LEGAL DESCRIPTION: Use of an existing home to provide short term residential care for a maximum of five (5) children, ages 0-14. The property is described as Lot 10, Block 3, Highland Park Subdivision, Kalispell, Flathead County, Montana. ZONE: R-3, Residential Leona Henry and Joe Cude have applied to the City of Kalispell for a conditional use permit to use an existing home to provide short term residential care (30 days or less) for up to five (5) children, ages 0-14. The Kalispell City -County Planning Board and Zoning Commission, after due and proper notice, on January 9, 2001 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 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-00-10 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 short term residential care for up to five (5) children, ages 0-14, subject to the following three 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 Marshall. cup\kids group home. wpd 1 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 day of , 2001. Wm. E. Boharski Mayor STATE OF MONTANA ) : ss County of Flathead ) On this day of , 2001, before me, a Notary Public, 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 cup\kids group home. wpd 2 Flathead Regional Development Office 723 5th Avenue East - Room 414 Kalispell, Montana 59901 Phone: (406) 758-5980 Fax: (406) 758-5781 January 24, 2001 Chris Kukulski, City of Kalispell P.O. Box 1997 City Manager Kalispell, MT 59903 Re: Leona Henry and Joe Cude Conditional Use Permit Dear Chris: The Kalispell City -County Planning Board met on January 9, 2001, and held a public hearing to consider a request by Leona Henry and Joe Cude for a conditional use permit to allow a community residential facility for eight or fewer people in an R-3, Residential zoning district. Narda Wilson of the Flathead Regional Development Office presented staff report KCU-00-10 evaluating the conditional use permit proposal. The staff recommended approval of the application subject to three conditions. At the public hearing one person spoke in favor of the application and one person spoke in opposition. The board discussed the request, considered public testimony and reviewed the criteria. A motion was made to adopt staff report KCU-00-10 as findings of fact and forward a recommendation of approval of the conditional use permit subject to the three conditions found in Attachment A. Please schedule this matter for consideration by the city council at their February 5, 2001, regular city council meeting. Please contact this board or Narda Wilson at the Flathead Regional Development Office if you have any questions regarding this matter. Sincerely Kalispell City -County Planning Board Providing Community Planning Assistance To: • Flathead County • City of Columbia Falls • City of Kalispell • City of Whitefish Henry/Cede Conditional Use Permit January 24, 2001 Page 2 GS/NW/dw Attachments: Attachment A — Recommended Conditions of Approval FRDO staff report KCU-00-10 and apphcation materials Draft minutes 1/09/01 planning board meeting c w/ Att: Theresa White, Kalispell City Clerk c w/o Att: Leona Henry and Joe Cude, 120 Crestline Ave., Kalispell, MT 59901 H:\FRDO\TRANSMIT\KALISPEL\2001 \KCU00-IO.DOC Henry/Cude Conditional Use Permit 7anuary 24, 2001 Page 3 ATTACHMENT A LEONA HENRY AND JOE CUDE CONDITIONAL USE PERMIT ED CONDITIONS OF APPROVAL JANUARY 9, 2001 The Kalispell City -County 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 January 9, 2001 planning board meeting. 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. of its proceedings, showing the vote of absent or failing to vote, indicating such inations and other official actions, all of office of the board and shall be a public en. See. 5305.7, R.C.M. 1935; amd. Sec. 1, Open meeting law, Art. 1I, sec. 9, Mont. Const.; Title 2, ch. 3, part 2. .justment. (1) Appeals to the board of on aggrieved or by any officer, depart- ipality affected by any decision of the 11 be taken within a reasonable time, as filing with the officer from whom the dJustin nt a notice of appeal specifying ra] is taken shall forthwith transmit to ecord upon which the action appealed in furtherance of the action appealed ppeal is taken certifies to the board of hall have been filed with him that by e a stay would, in his opinion, cause h case, proceedings shall not be stayed hich may be granted by the board of plication, on notice to the officer from use shown. x a reasonable time for the hearing of s well as due notice to the parties in asonable time. appear in person or by attorney. en. Sec. 5305.7, R.C.M. 1935; amd. Sec. 1, court of record. (1) Any person or any decision of the board of adjust- epartment, board, or bureau of the cord a petition, duly verified, setting or in part, specifying the grounds of ted to the court within 30 days after e boardth. tition, e court may allow a writ of ment to review such decision of the erein the time within which a return e relator's attorney, which shall not be less than 10 days and may be extended by the court. The allowance of the writ shall not stay proceedings upon the decision appealed from, but the court may (on application, on notice to the board, and on due cause shown) grant a restraining order. The board of adjustment shall not be required to return the original papers acted upon by it, but it shall be sufficient to return certified or sworn copies thereof or of such portions thereof as may be called for by such writ. The return shall concisely set forth such other facts as may be pertinent and material to show the grounds of the decision appealed from and shall be verified. (3) If, upon the hearing, it shall appear to the court that testimony is necessary for the proper disposition of the matter, it may take evidence or appoint a referee to take such evidence as it may direct and report the same to the court with his findings of fact and conclusions of law, which shall constitute a part of the proceedings upon which the determination of the court shall be made. (4) The court may reverse or affirm, wholly or partly, or may modify the decision brought up for review. History: En. Sec. 7, Ch. 136, L. 1929; re -en. Sec. 5305.7, R.C.M. 1935; amd. Sec. 1, Ch. 13, L. 1975; R.C.M. 1947, 11-2707(8) thru (11). Cross -References - Application of Montana Rules of Civil Pro- cedure, Rule 81(a), M.R.Civ.P. (see Title 25, ch. 20). 76-2-328. Awarding of costs upon appeal from board decision. Costs shall not be allowed against the board unless it s11all appear to the court that it acted with gross negligence, in bad faith, or with malice in making the decision appealed from. History: En. Sec. 7, Ch. 136, L. 1929; re -en. Sec. 5305.7, R.C.M. 1935; amd. Sec. 1, Ch. 13, L. 1975; R.C.M. 1947, 11.2707(12). Part 4 Application to Governmental Agencies Group and Foster Homes 76-2.401. Definitions. As used in 76-2.402, the following definitions apply: (1) "Agency" means a board, bureau, commission, department, an authority, or other entity of state or local government. (2) "Local zoning regulations" means zoning regulations adopted pursuant to Title 76, chapter 2. History: En. Sec. 1, Ch. 397, L. 1981. 76-2.402. Local zoning regulations — application to agencies. Whenever an agency proposes to use public land contrary to local zoning regulations, a public hearing, as defined below, shall be held. (1) The local board of adjustments, as provided in this chapter, shall hold a hearing within 30 days of the date the agency gives notice to the board of its intent to develop land contrary to local zoning regulations. (2) The board shall have no power to deny the proposed use but shall act only to allow a public forum for comment on the proposed use. History: En. Sec. 2, Ch. 397, L. 1981. 63 76-2-403 through 76-2-410 reserved. 76.2.411. Definition of community residential facility. "Commu- nity residential facility" means: (1) a community group home for developmentally, mentally, or severely disabled persons which does not provide skilled or intermediate nursing care; (2) a youth foster home or youth group home as defined in 41-3-1102; (3) a halfway house operated in accordance with regulations of the department of public health and human services for the rehabilitation of alcoholics or drug dependent persons; or (4) a licensed adult foster family care home. History: En. Sec. 1, Ch. 350. L. 1973; amd. Sec. 1, Ch. 129, L. 1974: said. Sec. 6, Ch. 3" L. 1975; R.C.M. 1947, 11-2702.1; MCA 1981, 76-2.313; redes. 76.2411 by Code Commissioner, 1983; amd. See. 28, Ch. 465, L. 1983; amd. Sec. 1, Ch. 309, L. 1985; amd. Sec. 9, Ch. 514, L. 1987; amd. Sec. 236, Ch. 418, L. 1995; amd. See. 545, Ch. 546,1- 1995. 76-2-412. Relationship of foster homes, youth group homes, com- munity 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 serving8 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- Ea. Sec. 2, Ch. 350, L. 1973; amd. Sec. 2, Ch. 129, L. 1974; R.C.M. 1947, 11-2702.2; MCA 1981, 76.2-314; redes. 76-2412 by Code Commissioner, 1983; amd. Sec. 29, Ch. 465, L. 1983; amd. Sec. 1, Ch. 181, L. 1987; amd. Sec. 237, Ch. 418, L. 1995; amd. Sec. 546, Ch. 546, L. 1995. M 76-3-101 76-3-102 76-3-103 76-3-104 76-3-105 76-3-201 76-3-202 76-3-203 76-3-204 76-3-205 76-3-206 76-3-207 76-3-208 76-3-209 76-3-210 76-3-301 76-3-302 76-3-303. 76-3-304. 76-3-305. 76-3-306. 76-3-307. 76-3-401. 76-3-402. 76-3403. 76-3-404. 76-3-405. 76-3-406. 76-3-501. 76-3-502. 76-3-503. 76-3-504. 76-3-505. 76-3-506. 76-3-507. 76-3-508. 76-3-509 re �RN'T KALISPELL CITY -COUNTY PLANNING BOARD MINUTES OF MEETING JANUARY 9, 2001 CALL TO ORDER AND Greg Stevens called the meeting to order at approximately 7:00 ROLL CALL p.m. Members present were: Bill Rice, Don Mann, Don Hines, Don Garberg, Rob Heinecke, Brian Sipe, Greg Stevens and Dale Pierce. Narda Wilson represented the Flathead Regional Development Office. There were approximately 42 people in the audience. SEATING OF NEW Ron Van Natta was seated as a new member. MEMBERS ELECTION OF Heinecke moved and Hines seconded to elect Greg Stevens as OFFICERS President. On a vote by acclamation the motion was unanimously approved. APPROVAL OF MINUTES Pierce moved and Mann seconded to elect Don Hines as Vice President. On a vote by acclamation the motion was unanimously approved. On a motion by Rice and meeting of December 12, submitted. seconded by Sipe the minutes of the 2000 were unanimously approved as HENRY/CUDE A conditional use permit request by Leona Henry and Joe Cude CONDITIONAL USE to allow a community residential facility for short term PERMIT residential care, for up to five children on property zoned R-3 at 120 Crestline Avenue in Kalispell. STAFF REPORT Narda Wilson, of the Flathead Regional Development Office, gave a presentation of staff report KCU-00-10, to allow a community residential facility for short term residential care (30 days or less) for up to five children between the ages of 1 to 14 years of age 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. The home would be licensed and operated in accordance with the State of Montana Public Health Department for group homes. Staff recommended the planning board adopt staff report KCU-00-10 as findings of fact and recommended approval subject to 3 conditions. PUBLIC HEARING The public hearing was opened to those who wished to speak on the proposal. Leona Henry, 120 Crestline, said they were proposing to operate a facility for children 14 and under contracting through the State of Montana. She said they had done an evaluation of Kalispell and there was a need in the area. Henry stated they would not be changing anything and they would not need additional parking. She said everything should remain the same in the neighborhood and their house was large enough to accommodate the children. She said it would be very similar to a foster home setting, the only difference was that it would be for only 30 days. Heinecke asked and Henry answered they would be living in the home, as a family setting, as surrogate parents. OPPONENTS Dean Jellison, 116 Crestline, neighbor of the applicant, handed out a written set of conditions they wanted added to the staff report. He said they were not enthused about the project, but Montana statute provided exemption from zoning regulations for youth foster homes, which can be licensed for up to six foster children. He said Wilson indicated it was not possible for the City to impose conditions on Conditional Use Permits other than what was applicable to a residence. Jellison stated that was not true. He said the statute indicated they could not impose safety or sanitary restrictions. He said the conditions proposed were not related to safety or sanitary, but to use and community benefit. The areas of concern were parking, visiting families and officials, and landscaping. Jellison stated that he disagreed with paragraph 3 stating there would be no substantial police impact. He said 14 year olds could be wild and there was a frequent, substantial increase in theft and vandalism. He also disagreed with paragraph 4, no negative impacts to neighborhood, and thought that would be accurate if supplemented by a statement at the beginning, if additional conditions requested by the neighbors are imposed and adhered to by the applicant there would be no negative impacts, etc., on the neighborhood. Stevens asked if his conditions were submitted to the staff or reviewed by the City Attorney. Jellison said no and Stevens said he had difficulty judging what was legal. His understanding of the report was that out of ordinary conditions placed on a residence were not allowed. No one else wished to speak and the public hearing was closed. MOTION Rice moved and Sipe seconded to adopt staff report KCU-00-10 as findings of fact and, based on those findings, recommend to the Kalispell City Council that the conditional use permit be granted subject to 3 conditions. BOARD DISCUSSION Garberg stated it was not a conforming use for the area and wanted to speak out against the proposal. Van Natta thought the conditions by Jellison were something in need of legal opinion. He was willing to move forward and pass it to the City Council for review. Kalispell City -County Planning Board January 9, 2001 Meeting Minutes Page 2 of 28 Stevens said they could forward the conditions to the City Attorney but he was not in favor of including them. Rice, agreed to pass them along, but not include them in the motion. ROLL CALL On a roll call vote the motion passed with 8 in favor and 1 opposed. CROSSWELL A request by Crosswell Development for a PUD at Hwy 93 and DEVELOPMENT, LLC. W. Reserve Drive for an approximately 515,000 square foot, PLANNED UNIT large scale retail development. DEVELOPMENT MOTION Hines moved and Heinecke seconded to limit public comment to 3 minutes. On a roll call vote there were 5 opposed and 4 in favor. The motion to limit public comment failed. STAFF REPORT Narda Wilson, of the Flathead Regional Development Office, gave a presentation on staff report KPUD-00-1, a zone change request by Crosswell Development for Pack and Company to allow a Planned Unit Development (PUD), which would replace the existing Domesite PUD. The PUD would function as an overlay for the B-2, General Commercial, zoning designation and would replace the previous development proposal. The new development proposal includes three large commercial pads that contain between 127,337 and 148,663 square feet located to the east of the site and five smaller commercial pads that contain between 18,000 and 24,200 square feet located along the west side for a total of approximately 513,246 square feet of commercial development. The property contains approximately 60 acres of land. Wilson stated it was a phase development with 8 phases, to be built over 12 years, depending on the market, and subdivided so they could be conveyed separately. There were several considerations by staff, the deviation from zoning and subdivision regulations, and the building height exceeding the maximum at 38 feet, with an additional 7 feet for rooftop mounted devices. Signs at the main entrance were proposed to be 28 feet in height, and would exceed the 200 square foot maximum. Other considerations were the provision of open space, including landscaping and irrigation. Staff recommended approval subject to 31 conditions. PUBLIC HEARING The public hearing was opened to those who wished to speak on the proposal. PROPONENTS Mike Fraser, Thomas, Dean, & Hoskins engineering consultant, spoke in favor of the proposal stating that the proposed PUD would give the City a definable, concrete product. They prepared a plan, which they believed would provide enhancement to the entrance into the City of Kalispell in consideration of the neighborhood plan across the road. The Kalispell City -County Planning Board January 9, 2001 Meeting Minutes Page 3 of 28 FLATHEAD REGIONAL DEVELOPMENT OFFICE DITIONAL USE PERMIT STAFF REPORT #KCU-00-10 JANUARY 2, 2001 A report to the Kalispell City -County 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 January 9, 2001, 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. RAVTCGRQUND iNrO MATTON: The applicant previously applied for and received a conditional use permit to allow a community residential facility for up to four seniors in the fall of 1999. Since that time the property owners' plans have changed and their conditional use permit has expired. They are making another application for a group home, this time for children rather than for seniors. A. Petitioner: Leona Henry and Joe Cude 120 Crestline Avenue Kalispell, MT 59901 (406)257-7532 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 a community residential facility for short term residential care (30 days or less) for up to five children between the ages of 0 to 14 years of age 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. The home will be licensed and operated in accordance with the State of Montana Public Health Department for group 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 garage on the north side of the property which is accessed from Crestline Avenue. Minor modifications made to the home 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. 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. AdecWate Useable Spare 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 on site and 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. C. F.nvimnn, n al ons r ints• 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. a. ping Scheme: The Kalispell Zoning Ordinance requires one space per five persons plus one space per employee at maximum shift. As proposed, there are at least three parking spaces on site. 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 since all traffic will enter and exit primarily from the Crestline Avenue. 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 required. No additional screening or landscaping would appear necessary. e. Siena e: No signage has been indicated on the site plan or proposed in the application. WETROI a OR . M 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 with the children staying in the schools they currently attend. b. Park-, 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. The group home has been 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. rater: 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. 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. 3 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 in the area are adequate to accommodate the proposed use. i. Tmmedi,9te Neighborhood Tmnart: The general character of this area is residential. Impacts to the neighborhood will be insignificant. The group home will generally function as a family home of which there are many in the area. There is currently a mix of group housing to the north. 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 comments have been received by the Flathead Regional Development Office. 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. 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. It is recommended that the Kalispell City -County Planning Board adopt staff report #KCU- 00-10 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 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 J 99\KCU00-10.doc NW December 4, 2000 Leona Henry & Joe Cude 120 Crestline Avenue Kalispell, Mt. 59901 Attention: Kalispell City Council Cc: Flathead Regional Development Office 723 5'h Avenue — Rm 414 Kalispell, Mt. 59901 Re: Application for Conditional Use Permit Our home is located in an R-3 residential district at 120 Cr ven 11 Montana. The. property is located on the south side of Crestline Avenue West r e Avenue and the north part of Kalispell. In July 1999, we were granted a conditionalUsrie is. Avenue for the use of a Group Home for the elderly. Due to circumstances out never able to utilize that permit. We purchased the home specifically for the use of d 'had an obligation to lease the home to the vacating previous owners is and art a completion of their new home . That did not happen at the highly anticipated-Septeni 19 e were not able to move in the home until March 2000, at which time we recognized that wernecessary e to meet the State of Montana's standards of habibility, (ie) egress for fire safety and other cons tru ction needs. Now that we are ready to facilitate the State's requirements, two changes have affected our original plan. (1) Our Conditional Use Permit has expired. (2) Two new large Assisted Living facilities have opened near our area, alleviating the need in Kalispell for yet another such facility. UPDATE: Joe and I are asking the Kalispell City Council to consider our new request to obtam aCoen, , s Se r Permit to operate a Shelter Care Home for children. We have contacted Liz Harter of the s to help us access the need in this area for a Shelter Home to cam for up to rive children for o !rd' would be a temporary shelter for children whom are removed from their homes for their e woul be able [o accept children 0-14 years old for the short tern of 30 days Wehm an as a not for profit organization and will be regulated an licensed by the State of r�ana ` ew.'Joeand I feel like we have a lot to offer the community and it is important tli rt fhe �' area not be transferred to other regions for cyare_ If at all possible thcs'edren"�°'�s` ` m as stable as possible in their own town, schools and familiar surrrnmdmgs As iarids atrtlrrs point Kalispell children are transferred to shelter homes in Missoula and other regtons &ie to lack of faetlities in our own town. Director of Youth Care Homes Art Drielling of Helens has decided to forward a recommendation on our behalf due to the overwhelming need for us and this plightyY . f - The letter recommended that Joe andl me licensed' Youth Shelter Providers and independent contractors for the State of Montana: Upon ms- g-inspections and approvals will be obtained from the I State Department of Public Health and Kalispell Fire Marshall. We plan on opening on or near January15, 2001. It is believed that the State protects this type of facility in a residential neighborhood, therefore we are pleading that our request be granted on this basis. Thank you, Leona Henry & Joe Cude DISCUSSION OF TOPICS FOR PROPOSED USE A. TRAFFIC FLOW AND CONTROL — Our type of facility would not add any more than 2-4 cars per week to the current or usual traffic flow. This is NOT thhe type of business that requires unusual deliveries, hours or noise. B. ACCESS AND CIRCULATION WITHIN THE PROPERTY - The type of use of the home will not alter the current access Qtciiduiet on of oronertv. C. OFF STREET PARKING AND LOADING - �"' _ Risting driveway to the two car garage and also a paved area foi ad �� - ar rkmg�on the property directly in front of the home. D. REFUSE AND SERVICE AREA — The refuge "and service area will not be affected. E. UTILITIES — The home includes City of Kalispell sewer and water system The utilities may show a slight increase over prior residents A F. SCREENING AND BUFFERING — This use for the home would shFIVE M O '. w 'nr benefit by this, however the front yard d is currently fenced and shall tatn state G. SIGNS YARDS AND OTHER OPEN SPACES —A would - � ," ,, be appropriate yet not totally necessary unless requ� e plan on some upgrades to the landscaping to beaus iliero"ds't on is to bring the current home site up to the standards o the surro "undmg homes to not , only increase it's beauty but value H. HEIGHT, BULK AND LOCATION QF STRUCTURES -A building permit was acquired and utilized for the co tri c ion / expansion of the 40 ft deck to meet fire codes for egress from upstairs bedroom-: x: I. LOCATION AND PROPOSED OPEN SPACE USES — The only open spaces .4 are the driveway and paved parking area in front of the fenced front yard, in which no changes shall occur. =} J. HOURS AND MANNER OF OPERATION —146 unusual hour of operation are necessary other than normal family lifestyle. We will live no differently than any other family in the neighborhood. K. NOISE, LIGHT, DUST, ODORR, FUMES AND VIBRATIONS —None of these items are applicable to our proposal. PLAN FOR AFFECTED AREA A. The entire block facing our 120 Crestline Avenue home for the use of the Conditional Use Permit, is currently and has for some time now, been a rest home for the Elderly and Disabled. Their location is block 2, lots I through 12. Our home is block 3, lot 10. Our surrounding land uses include Buffalo Hills Golf Course to the northeast according to our map. HigIdand Park is to the northwest and residential homes to the south rya;' Y B. The dimensions of our home's lot is 75 C. The topographic features include two access roadsiii� ho' Charolette Avenue runs behind the home with an open�ac % rCrestline Avenue runs in front of the home with access to theme n � d gated entrance. p dnveway �`- There is a paved area in front of the fence for the additional parking of at least four to five cars. The yard area facing Charolette Avenue _slopes downward for excellent drainage to the city gutters. The home site has three large trees and several shrubs in which are being managed now, different from previous years. Both the front and back yards are covered in lawn. vv D. Regarding the size and location of existing buildings, please refer to plot foal E. N/A r' a . F. The existing use of the structure and, open areas are currently residential and yard area with a two car garage. Some light upgrades to the.liyiag quarters; and landscaping have been performed over the last nme months-(ie) carpet, paint, tile and deck G. The proposed use is to remain a single family dwel mg and residential home. We will be no different than a foster family. In addition to this our home will serve as a safe haven for children in transition. M. DEAN JELLISON and JOAN M. JELLISON 116 Crestline Ave. Kalispell, Montana To: Kalispell City -County Planning Board. Re: Application for Conditional Use Permit by Leona Henry & Joe Cude We respectfully request that the conditions recommended by the Staff report be supplemented by the following provisions: 4. This conditional use permit is granted because the Council has been advised that it cannot be denied because of the provisions of Sec. 76-2-412 MCA, and it shall only become effective when Applicant presents to the City Building Inspector a copy of a license issued by the State Department of Health for the operation of a youth foster home on the subject premises. This permit shall terminate at such time as no valid license for the operation of a youth foster home is in effect. 5. Recognizing that the residents of said youth foster home will likely be troubled youth placed therein by Court Order, the Applicants for this permit shall exercise strict supervision of the residents therein. Applicants shall be responsible for any injury to the persons or of damage to the property of other persons in the neighborhood caused intentionally or negligently by any current or former resident of the youth foster home. 6. In keeping with the provisions of Sec. 76-2-412 MCA, Applicants shall provide care to the residents of said facility on a 24-hour-a-day basis. The term "care" includes reasonable supervision. 7. Applicants have represented to the City that they will provide adequate on -site parking for the residents of the facility, for visitors, for staff, and for themselves. Applicants shall be responsible to prevent parking by any such persons on the property of their neighbors. 8. Violation of any of these conditions shall be grounds for termination of this permit by this Council after appropriate hearing. Flathead Regional Development Office 723 5th Ave. East Room 414 Kalispell, MT S9901 Phone: (406)758-5980 Fax: (406)758-5781 APPLICATION FOR CONDITIONAL USE PERMIT CITY OF KALISPELL I PROPOSED OWNER(S) OF RECORD: 0 Name: V 1 . wI Mailing Address: )2C7 Cre <,d l Yl �P 7S3Z City/State/Zip: n,t S^ P��N S RO ` Phone o 25 �' 288-(9%7lo Gell PERSON(S) AUTHORIZED TO REPRESENT THE OWNER(S) AND TO WHOM ALL CORRESPONDENCE IS TO BE SENT: Mailing Address: 1/-�� City/State/Zip: iZO1iI-AT FPgQt LEGAL DESCRIPTION OF PROPERTY (Refer to Property Records): Street Sec. Town- Range Address: U f t yl� e11CA e . No. ship No._ Subdivis. 1 Tract Lot Block Name: �*(� I 1�j No(s). No(s). No. District and Zoning Classification in which use is proposed: v 2. Attach a plan of the affected lot which identifies the following items: La:? Surrounding land uses. 3Dimensions and shape of lot. Topographic features of lot. Size(s) and location(s) of existing buildings (e? Size(s) and location(s) of proposed buildings. (fi Existing use(s) of structures and open areas. g Proposed use(s) of structures and open areas. v 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 development pro ess. I 6_3I n Applicant ignature Date INSTRUCTIONS FOR CONDITIONAL USE PERMIT APPLICATION 1. Answer all questions. Answers should be clear and contain all the necessary information. 2. In answering question 1, refer to the classification system in the Zoning Regulations. 3. In answering questions 2 and 3, be specific and complete. If additional space is needed, please use a separate sheet of paper to discuss the appropriate topics. 4. A plot plan or site plan must be submitted with each application, with all existing or proposed structures shown, and distances from each other and from the property line. 5. A list of property owners (within 150 feet, but excluding any surrounding right-of- way) and their mailing address must be submitted with each application. Example: Tract # Owner of Record Mailing Address 6. A fee, per the schedule below, for a Conditional Use Permit must be submitted with this application to cover the cost of necessary investigation, publication, mailing and processing procedures. Make check payable to Flathead Regional Development Office. Conditional Use Permit Conditional Use Permit: Single-family (10 or fewer trips/day) Minor Residential (2-4 units or 11-49 trips/day) Major Residential (5 or more units or 50+ trips/day) Churches, schools, public / quasi -public uses Commercial, industrial, medical golf courses, etc. unit As approved by the CAB on 5/25/99 Revised 6/30/99 sm fZn % 7�V '`/3 $300 $300 + $5/unit or $5 for every 10 trips $300 $400 + $5/acre or or $.05/sf of leased space over 5,000 sf whichever is greatest FOR OFFICIAL USE ONLY Application No.: Application Received: oSf Fee Paid: Date: �� 1U �7 Receipt No.: Kalispell City -County Planning Board Public Hearing Date: 01 -() A) City Council Public Hearing Date: City Council Decision '0�1--05- o� Application Approved? Approved with Modifications? Denied?, If Approved, Conditions Attached: Mayor, City of Kalispell As approved by the CAB on 4/5/00 Effective 6 / 1 / 00 4 Date: Ilii.11lliill IoSz.� 1'�r�rL�•, � w' s� "AN ——-—�= 17 L� E 7 LA d I' i 0 FRDO Z-98 CERTIFICATION APPLICANT: LEONA HENRY & JOE CUDE SHELTER CARE HOME FRDO FILE 4: KCU-00-10 I, the undersigned certify that I did this date mail a copy of the attached notice to the following list of landowners within I_0 feet of the property lines of the property that is the subject of the application. Date:Qzq-n Assessor's S-T-R LotPTract Property Owner No. No. & Mail .address SEE ATTACHED LIST APPLICANT LEONA HENRY & JOE CUDE 120 CRESTLINE AVENUE KALISPELL MT 59901 ,napovED 6�0/*_ /t a-w ck- SUBJECT PROPERTY Loft o , 6 Cv ch 3 , ASSESSOR Uw[vG wun fJ; 34/380 i , 56 " 67) z)s/8!o(00 �-76,�750 pZ3/9n Q &&6..d o 03� 5is�5o p79oY9 / 0b3I/y51 90. ae--7c- 35 73 ,1 .41. �� /34, DeEW PI I--E I?A GHn2wTT� 4�E p La e0P �'JLt S99a/ - 3ssv / / io 8 6;A fire Cv / _ 3550 599 h Gof /V(xrrs-�-13 Lo Y- / y E . Q JSS�� Lf. �99C/ 355� � 5 c2si9/5o 07Sc/5SO Ev3a-2oS 6030 -705 E030 -209 Y� 6cN6 ss8�gt"`PJ 2-Z8-�! CO3DS�a /3rz�z c-kS Eo 36 70l /V. C✓1J 2�a�Fo 3�5�8!8� 5 -3s5o ALIc.E a RtiDE't- FEE OWN"' r2;GO Ck- 0-i -fl J IMMprJ v'EL WTl1EZ.AN Lo¢r' - GO NTiLAGT BUYER r Q /_ / CQESTI-Ire OVE ora_ _ L Y�v.ISPE LL YAT S ao I 17-1 & 67a 7 -Z.8-2 J l 7, . & E-eq � Zo 1 �C� 36ej< 03(ozly50 61,0 8 y5'3 0 Do 8 y5a9 � � -3 w� IC, 5'3 -5��2 - ,�, ` A'L LG% u S c i LS be ��L�ire l �f217 /.tJ • � �� Sd- / CJ p p S/S 3 0 y 2 -7 Gv • Go Go z�� c� �'r (aEOZGE E. 4 LYNrJ M NsWES 4 A R I�bNA D �s� 35o s95O i �'PLISPE LL. MT -S5IS Q rOS�3So I k f a 4 1 _ cGCi•y0� ,U VI M. ii$WIT-r o a3��s y�-7 �,J• IV - 59 s a ! pa37&Z5 G3�o5�0 p9�/g5! N 4 -�ef �F�f 5 GJ 4 7 25 , T�r, t G°oCE G• L3ek 'gL.;L- �L-4 S99os�-c��a 6� -7, / , bi� IGp7,S�6c'a E 030 -705 4 Eo3o ?OS It p93�50s cfc(S GJ • f� c Z« 4 NOTICE OF PUBLIC HEARING KALISPELL CITY -COUNTY PLANNING BOARD AND ZONING COMMISSION Mountain View Plaza Planned Unit Development - US 93 / West Reserve Drive Community Residential Facility Conditional Use Permit - Crestline Drive Zone Change from I-2 to I-1 - Evergreen Rail Industrial Center Zone Change from AG-80 to SAG-10 - West Valley Overlay The regular meeting of the Kalispell City -County Planning Board and Zoning Commission is scheduled for Tuesday, January 9, 2001 beginning at 7:00 PM in the Kalispell City Council Chambers, Kalispell City Hall, 312 First Avenue East, Kalispell. During the regularly scheduled meeting of the planning board, the board will hold public hearings and take public comments on the following agenda items. The board will make a recommendation to the Board of County Commissioner or the Kalispell City Council who will take final action: To the Kalispell City Council: 1. A zone change request by Crosswell Development for Pack and Company to allow a Planned Unit Development (PUD) which would replace the existing Dome Site PUD. The property is generally located at the southeast comer of Highway 93 and West Reserve Drive north of Kalispell. The PUD would function as an overlay for the B-2, General Commercial, zoning designation and would replace the previously proposed Dome Site PUD that included a sports complex / coliseum, motel and retail development. The new development proposal includes three large commercial pads that contain between 127,337 and 148,663 square feet located to the east of the site and five smaller commercial pads that contain between 18,000 and 24,200 square feet located along the west side for a total of approximately 513,246 square feet of commercial development. The property contains approximately 60 acres of land and can be described as Assessor's Tracts 3A, 3D and 3E in Government Lots 1 and 2, and further described as Tract 1 of COS 12230 and Tracts 1 and 2 of COS 13919 located in Section 31, Township 29 North, Range 21 West, P.M.M., Flathead County, Montana. 2. A conditional use permit request by Leona Henry and Joe Cude to allow a community residential facility for short term residential care (30 days or less) for up to five children between the ages of 0 to 14 years of age 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. To the Board of County Commissioners: 3. A zone change request by Evergreen Rail Industrial Center from 1-2, Heavy Industrial, to 1- 1, Light Industrial on approximately 40 acres located west of LaSalle Road and south of West Reserve Drive in Evergreen. The purpose of the zone change request is to provide an area for high tech industrial development rather than heavy industrial development. The property can be described as Lots 1 through 10 and Lot 14 of Evergreen Rail Industrial Center Subdivision and Lot A of the Amended Plat of Lots 4 and 5, Block 2, Teigen's Addition located in Section 33, Township 29 North, Range 21 West, P.M.M., Flathead County, Montana. ` 4. A zone change request by Helen Kaeding, Genevieve Meyers and Starling Grossvriler from AG- 80, an Agricultural zoning district that has a minimum lot size requirement of 80 acres, to SAG-10, a Suburban Agricultural zoning district that has a minimum lot size requirement of 10 acres on approximately 506 acres in the West Valley Overlay District and West Side Zoning District and is located between Farm to Market Road and Stillwater Road and between Three Mile Drive and Four Mile Drive. 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 or you may contact Narda Wilson, Senior Planner, for additional information. t Thomas R. Jentz Planning Director I - I 9 0 liect lu 5 0 6 7 8 10 9 5 7 8 9 CoLoRt4D� 0 ST� A 0, P-1 VICINITY MAP LEONA HENRY & JOE CUDE E4� roffim CONDITIONAL USE PERMIT TO ALLOW A COMMUNITY RESIDENTIAL FACILITY FOR SHORT TERM CARE OF UP TO FIVE CHILDREN R-3, RESIDENTIAL USE CITY OF KALISPELL ZONING JURISDICTION PLOT DATE:12/18/00 FILE# KCU-00-10 SCALE I" = 150' H:\gis\site\KCU00-10.dwg