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2. Conditional Use Permit - Montana AcademyREPORT TO: Doug Russell, City Manager FROM: Kevin LeClair, Senior Planner SUBJECT: KCU-14-02 — Conditional Use Permit for a Group Home for 8 or fewer residents MEETING DATE: July 7, 2014 BACKGROUND: The Kalispell City Planning Board met on June 10, 2014, and held a public hearing to consider a request from Montana Academy, for a Conditional Use Permit to use an existing single-family residence as a group home for 8 or fewer students ranging from 16-19 years of ages. The property is located at 1045 3rd Ave E, at the northeast corner of 3rd Ave E and 11t` Street East. The property is in the R-4 (Residential) zoning district. In accordance with the City of Kalispell Zoning Ordinance, a Conditional Use Permit is required for a group home for 8 or fewer residents in the R-4 zoning district. Montana statutes require that local jurisdictions consider group homes for 8 or fewer residents as a residential use of the property. The statutes further specify that no additional conditions may be applied to the use of the property than would typically be applied to a single-family residence. (Section 76-2-412 MCA). Staff recommended approval of the Conditional Use Permit, subject to three (3) conditions. The property owner and co-founder of Montana Academy, Dr. John Santa, testified to the Planning Board in favor of the proposal. He explained how the program operates and answered several questions. No members of the public testified for or against the proposed conditional use. Two letters of opposition were received by the Board prior to the hearing. The Planning Board voted unanimously (6-0) to forward a positive recommendation to the City Council, with the three (3) conditions of approval in the staff report. RECOMMENDATION: A motion to approve the Conditional Use Permit, along with the conditions of approval in the staff report. FISCAL EFFECTS: Approval of the request would have minimal fiscal impact to the City. ALTERNATIVES: Deny the request. Return to: Kalispell City Clerk PO Box 1997 Kalispell, MT 59901 City of Kalispell P. O. Box 1997 Kalispell, Montana 59903-1997 GRANT OF CONDITIONAL USE OWNER: Gretchen Boyer 205 5th Avenue East Kalispell, MT 59901 APPLICANT: Montana Academy c/o Santa Properties, LLC 990 McGregor Lane Marion, MT 59903 (406) 858-2270 LEGAL DESCRIPTION: Lot 7 of Block 136 of Kalispell Original Townsite, located in Section 17, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. ZONE: Residential, R-4 The applicant has applied to the City of Kalispell for a conditional use permit to use an existing single-family residence as a group home for 8 or fewer students ranging from 16-19 years of age at 1045 3rd Avenue East in the R-4 zoning district. The Kalispell City Planning Board and Zoning Commission, after due and proper notice, on June 10, 2014, held a public hearing on the application, took public comment and recommended the application be approved subject to three (3) conditions. After reviewing the application, the record, the KPD report, and after duly considering the matter, the City Council of the City of Kalispell, pursuant to the Kalispell Zoning Ordinance, hereby adopts Kalispell Planning Department Conditional Use Report #KCU-14-02 as the Council's findings of fact, and issues and grants to the above -described real property a conditional use permit to use an existing single-family residence as a group home for 8 or fewer students ranging from 16- 19 years of age in the Residential, R-4 zoning district subject to the following conditions: 1. Obtain a building permit and pass all required inspections from the City of Kalispell Building Department for the remodeling of all of the bedrooms to meet current residential building code requirements for emergency egress. 2. All required licensing, inspections, and approvals shall be obtained from the Private Alternative Adolescent Residential and Outdoor Programs (PAAROP) Board and the Kalispell Fire Marshall. 3. The 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 7th day of Jam, 2014. STATE OF MONTANA ) ss County of Flathead ) Mark Johnson Mayor On this day of , 2014 before me, a Notary Public, personally appeared Mark Johnson, 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 The board decided they would prefer a have a work session prior to the public hearing and it was scheduled for July 8, 2014. MONTANA ACADEMY A request from Montana Academy for a conditional use permit to GROUP HOME use an existing single-family residence as a group home for 8 or CONDITIONAL USE PERMIT fewer transitional high school -aged students. The property is located at 1045 3rd Avenue East, in an R-4 (Residential) zoning district. STAFF REPORT KCU-14-02 Kevin LeClair, representing the Kalispell Planning Office reviewed Staff report KCU-14-02 for the board. LeClair said the proposal is from Montana Academy for a group home for 8 or fewer residents providing transitional education programs for teens from 16 — 19 years of age. The students living at the group home would be attending either Flathead High School or Flathead Valley Community College (FVCC). LeClair reviewed a vicinity map; an aerial view indicating the access points on the property; photographs of the home and surrounding homes noting the neighborhood is primarily single- family residential with a mixture of multi -family and home occupation type uses such as a day care operation nearby. LeClair provided the location of the other four Montana Academy group homes currently in operation. He also described the traffic volumes on 3rd Avenue East and 1 Ph Street East. Staff recommends that the Kalispell City Planning Board adopt staff report KCU-14-02 as findings of fact and recommend to the Kalispell City Council that the conditional use permit be approved subject to the three conditions listed in the staff report. BOARD DISCUSSION Lorch asked staff to review the State statute that allows for these types of group homes in a residential area and LeClair said the Montana Code Annotated (M.C.A.) defines group and youth foster homes as a protected use that can be located in residential neighborhoods. With a conditional use they must be treated as residential with no additional conditions applied to the group home that would be above and beyond what would typically be applied to a residential use in a neighborhood. Osorio-Khor asked if this applicant has group homes in either Whitefish or Columbia Falls. She also noted that the staff report indicates the residents will not have vehicles but they will be going to Flathead High School and FVCC and she asked how the students would get to the schools. LeClair said he did not know if they have homes in those cities and it was his understanding that the residents of the home would not have cars. He suggested she ask the Kalispell City Planning Board Minutes of the meeting of June 10, 2014 Page 2 of 14 applicant those questions during the public hearing. Osorio-Khor noted the staff report states that the applicant does not intend to install any signage that would identify the property as a Montana Academy group home and she suggested it should read "will not". LeClair said his understanding is they do not want to have any signs for the group home, however if they want a sign in the future they can apply for one. Osorio-Khor questioned why the staff report would state there will be no effect on property values when no one knows if there will or will not be. Graham said he also has the same concern and he asked how staff arrived at that conclusion. LeClair said the applicant provided property transaction information from the NW Montana Association of Realtors to show that properties are still selling in the vicinity of their group homes and that the values are on par with the balance of the neighborhood. LeClair added the statement is simply to say that staff doesn't anticipate that there would be any diminishment of property values because the property has been maintained and an unknowing observer cannot tell that a group home is operating at this location. Graham asked why group homes are not treated as a business in a residential zone and LeClair said he can't comment on the intent behind the law in the M.C.A. but the law states that we are to treat them as a residential use. Young asked if the use and conditions stay with the property and LeClair said yes and added, however if the use ceases it reverts back to a single-family residence. Then if a buyer wants to operate a group home at this location in the future they would have to go through the conditional use process again. There was discussion regarding the parking requirements which staff noted were adequate for the residence. Lorch asked if the board could condition the permit regarding parking spaces to allow for additional parking. LeClair and Jentz said no and Jentz added group homes and day care centers were continually being denied across the State so the State Legislature acted and said group homes of 8 or fewer residents are a protected class and they will be dealt with as if they are a single-family home. They can't be denied and no conditions can be placed on the group home that would not be placed on a single-family home. Jentz said although it creates angst and frustration for the planning board and at times for the neighborhood the State Legislature made it clear this use will be treated as a single-family home. Graham noted the city council opted to keep the public hearing process in place in order to provide the neighborhood with a Kalispell City Planning Board Minutes of the meeting of June 10, 2014 Page 3 of 14 chance to comment on this use in their neighborhood. Osorio-Khor said this also allows the applicant to hear the concerns of their neighbors and maybe those concerns can then be addressed. Graham added that has happened in the past with Montana Academy. They heard the concerns of the neighbors and then moved their third proposed group home to another location so it does work. PUBLIC HEARING John Santa, 990 McGregor Lane, Kalispell stated he is the owner of the property and co-owner of the Montana Academy. The academy has been in existence for 17 years with the main facility located near Lost Prairie. They have a total of 95 students, 70 on their ranch campus and 20 — 25 students in the transitional program. They have found that the transitioning portion of the program is so important they have had an increasing burden on sending kids into town for the last part of their program. The four houses almost work but with the limit of 8 students per house, and not wanting to mix the sexes, at times, they run into the problems. Santa continued they have had group homes in Kalispell for 10 years. They want to be good neighbors and listen to the community's concerns. That's why they spread their houses out as best they can especially when it became clear that the neighbors felt that more than 2 houses adjacent to each other was too much. The kids do not have cars and will never be allowed to have cars. They have no interest in placing signs on the homes and the kids are more closely supervised than some kids in traditional homes. They come from all over the country and when finished with the program almost 100% go on to colleges throughout the United States. Santa said none of the kids are adjudicated, sex offenders, or hard core criminals. The school is a boarding school environment where kids get a chance to slow down and get a chance to look at themselves and grow up. By the time they get to a group home in town they have been on campus for at least a year and most of them finish high school and then go on into the world. They are great kids and they volunteer all over the community. Osorio-Khor noted there were letters in the application in support of the Montana Academy but there were no letters from a tax- paying neighbor. She asked if the city could have a copy of their handbook and policies for the public to review if they have questions. Santa said they had an open house a few weeks ago and a number of the close neighbors did come and they had concerns because they are fearful of the kind of kids that the home might house. Santa said the neighbors need to know who these kids are and he added that isn't covered in a handbook but they have Kalispell City Planning Board Minutes of the meeting of June 10, 2014 Page 4 of 14 nothing to hide. Regier asked if there have been any major issues with neighbors and Santa said no and added with the newest home on the west side there were concerns about the house and one of the neighbors who objected to the home has now admitted that he was wrong and said the residents have been terrific neighbors. These homes do not have a negative impact on the neighborhood. No one else wished to speak and the public hearing was closed. MOTION Pesola moved and Regier seconded a motion to adopt staff report KCU-14-02 as findings of fact and recommend to the Kalispell City Council that the conditional use permit be approved subject to the three conditions listed in the staff report. BOARD DISCUSSION Pesola said as a board he doesn't feel that they have the ability to deny this application. A conditional use permit is a courtesy to the community to enable them to comment on the proposal. There may be concerns about parking and driving and the kids but the reality is this is considered a single-family residence according to law. Pesola supports the Montana Academy program and the CUP. Lorch said he is somewhat familiar with the Montana Academy and recently learned he actually lives across the street from one of these houses and has for 7-8 months and they are great neighbors. Lorch said he wants to commend Montana Academy for reaching out to the neighbors and suggested the Montana Academy reach out to the people who have written letters of concern, if they haven't already. Osorio-Khor said also asked the Montana Academy staff to address the letters of concern. Most people have that gut —wrenching, knee- jerk reaction to the term "group home" and there is a lot of neighborhood work still to do. Graham has been on the planning board since 2009 and this is the P time Montana Academy has come before the board to request a group home. At the beginning he was skeptical and he now supports the Montana Academy program. Graham added he wanted to congratulate the students in attendance this evening for their achievement and he wished them good luck in the future. ROLL CALL The motion passed unanimously on a roll call vote. BEEHIVE HOMES A request from Josh Burlage of Beehive Homes of Kalispell, RESIDENTIAL CARE working with the property owners Mike Fraser and FSEN, LLC to Kalispell City Planning Board Minutes of the meeting of June 10, 2014 Page 5 of 14 REQUEST FOR A CONDITIONAL USE PERMIT KALISPELL PLANNING DEPARTMENT STAFF REPORT #KCU-14-02 June 2, 2014 This is a report to the Kalispell City Planning Board and Kalispell City Council regarding a request for a Conditional Use Permit for a group home for eight or fewer residents at 1045 P Avenue East. A public hearing on this matter has been scheduled before the Planning Board for June 10, 2014, beginning at 6:00 PM, in the Kalispell City Council Chambers. The Planning Board will forward a recommendation to the Kalispell City Council for final action. Owner: Montana Academy c/o Santa Properties LLC 990 McGregor Lane Marion, MT 59903 (406) 858-2270 Applicant: Gretchen Boyer 205 5th Avenue East Kalispell, MT 59901 Location and size: The property is located at 1045 3`d Ave East, at the northeast corner of P Avenue East and 1 lth Street East. The property can be legally described as Lot 7 of Block 136 of Kalispell Original Townsite. The property is 50 feet wide and 142 feet deep, with an area of 7,100 square feet. Summary of Request: The applicant is requesting a Conditional Use Permit in order to use an existing single-family residence as a group home for 8 or fewer residents. The property is located in the R-4 (Residential) zoning district. According to the Kalispell Zoning Ordinance (KMC 27.07.030), a group home for eight or fewer residents is allowed in the R-4 zoning district with a Conditional Use Permit. Kalispell's Zoning Ordinance (KMC 27.37.010 (83)) defines a group home for eight or fewer as, "a residential facility providing living facilities, sleeping rooms, and meals and which has a permit issued by the State of Montana under Section 76-2-412, Montana Code Annotated (MCA). This definition also includes a youth foster home, a kinship foster home, a youth shelter care facility, a transitional living program, or youth group home as further defined in Section 52-2-602 MCA." This type of use is protected under state law and is considered a residential use of property for purposes of zoning if the home provides care on a 24-hour-a-day basis (Section 762-412 MCA). � W' i w s yr5 m m. �m�.:.i is e' Goraalius liediss Sshaal,�: m �� E 1+ z 5- 7hbMpatmdieW _ Sty= n } IS11iS1£ rn hSC ' v l iOhgL• Ej �? tiCl4hsl� ....-."" \4 `iV y 71 ' 14_45 WAve E k " �,'' 12ih5iL• M 4 Y 117.hStti r'; Ilhanlam Dynamics ,i` CWray ,,. ._ ` x5 a lisiarwe Ceti y t 12 i ; v 13ih • M"hwest Figure 1: Vicinity Map Existing Land Use and Zoning: The property currently contains a residential structure with its front door on 3rd Ave E and a two car garage on 11 th Street E. There is a solid, 5-foot tall fence along the west and north sides of the property. The property is located within the R-4 (Residential) zoning district. The Kalispell Zoning Ordinance describes the intent of this district: "This district is comprised of primarily single-family and duplex dwellings. Development within the district will require all public utilities, and all community facilities. This zoning district would typically be found in areas designated as urban residential on the Kalispell Growth Policy Future Land Use Map." Adjacent Land Uses and Zoning: The existing zoning and land uses of the land surrounding the subject property are as follows: West: R-4, Single-family residences North: R-4, Single-family residences East: R-4, Single-family residences South: R-4, Single-family residences Relation to the Growth Policy: The Kalispell City Growth Policy Map designates the project site as Urban Residential, which provides the basis for the R-4 zoning designation. The growth policy anticipates primarily single-family houses in this area, but duplexes, guest houses, accessory apartments and small dispersed areas of multi -family housing are also anticipated. The area surrounding the subject property fits this description, as the area is primarily single-family residences, but there is a four-plex located across the intersection of 3rd Avenue E and 11 th Street E, to the southwest of the property. 2 Utilities/Services: Sewer service: City of Kalispell Water service: City of Kalispell Solid Waste: City of Kalispell Gas: Northwestern Energy Electric: Flathead Electric Cooperative Phone: CenturyLink Police: City of Kalispell Fire: Kalispell Fire Department Schools: School District #5, Kalispell B. EVALUATION OF THE REQUEST This application has been reviewed in accordance with the Conditional Use Permit review criteria in the Kalispell Zoning Ordinance (KMC 27.33.080). A Conditional Use Permit may be granted only if the proposal, as submitted, conforms to all of the following general Conditional Use Permit Criteria, as well as to all other applicable criteria that may be requested: 1. Site Suitability: a. Adequate Useable Space: The property is level and measures 50 feet across and 142 feet deep, for a total area of 7,100 square feet. b. Height, bulk and location of the building_ The existing house on the property is a single -story structure with a full basement. The first floor measures 1,476 square feet and the basement measures 1,476 square feet. The attached, two -car garage is 720 square feet. C. Adequate Access: The property has frontages on both P Ave East and 1 It" Street East, with an alley on the east side. There is a two -car driveway to the two -car garage on the 11 tf' Street East side of the home. d. Environmental Constraints: There are no known.environmental constraints, such as steep slopes, streams, floodplains, or wetlands, on the property which could affect the proposed use. 2. Appropriate Design: a. Parking Scheme/Loading Areas: The property currently contains at least four off-street parking spaces. The Kalispell Zoning Ordinance requires two spaces per dwelling unit for single-family residences, or one space per five occupants for public or private shelters. Given the maximum capacity of eight or fewer residents at the group home and the Montana Academy's policy of not allowing residences to keep private vehicles at their group homes, the four parking spaces at the property will be sufficient. b. Lighting: Section 27.26.030 of the Kalispell Zoning Ordinance sets standards for all outdoor lighting on commercial or residential structures. No changes are proposed to the lighting on the structure, which is of a residential scale and nature. 3 C. Traffic Circulation: The vehicular access is sufficient to and from the property. The property is 7,100 square feet in size and contains an existing single-family residence with off-street parking access on 11 th Street E. There is no traffic circulation on the property itself. d. Open Space: The property has a small front and side yard on 3rd Ave E and 11 Street E, respectively. There is a small, fenced backyard on the east side of the home. e. Fencing/Screening/Landscaping: As mentioned above, the backyard is fenced with a solid, 5- foot tall privacy fence. The yard is landscaped with typical residential scale landscaping consisting of trees, shrubs, and lawn. f. Si na e: Chapter 27.22 of the Kalispell Zoning Ordinance sets standards for the installation of signage in the city. Per the submitted Conditional Use Application materials, the applicant does not intend to install any signage that would identify the property as a Montana Academy group home. 3. Availability of Public Services/Facilities: a. Sewer: Sewer service is currently provided by the city. No impact on sewer services is anticipated as a result of this use. b. Water: City water currently serves the property. No impact on water services is anticipated as a result of this use. C. Storm Water Drainage: The site has an existing house and driveway. The driveway slopes to the adjacent roadway. No change in storm water drainage is anticipated related to the proposed use. d. Solid Waste: Solid waste pick-up is provided by the city. The applicant has indicated that they will be requesting either a larger waste receptacle or a second receptacle to handle the increase waste associated with a maximum of eight people living at the property. The city's solid waste collection program has the capacity to serve the increased use. e. Fire Protection: Fire protection will continue to be provided by the Kalispell Fire Department. The impact of the proposed change in this regard is minimal. f. Police: Police protection will be provided by the Kalispell Police Department. No unusual impacts or needs are anticipated from the proposed use. g. Streets: The primary street frontages are 3rd Ave E and 11 th Street E. Vehicles access to the property is via a driveway on the south side of the property on 11 d' Street E. h. Sidewalks: There is a sidewalk along the 3rd Ave E frontage, but no sidewalk along the 11'h Street E frontage. Other Public Services: This site is within the boundaries of School District #5. The residents of the group home will attend either Flathead High School or Flathead Valley Community 4 College depending on the number of educational credits they have. No impact is anticipated with the proposed use. j. Parks and Recreation: There should be no significant increase in demand on the parks and recreation programs and facilities as a result of this use. 4. Neighborhood impacts: a. Traffic: The residents do not have cars so the only traffic generated by the use would be from the owners and operators of the facility. There is not expected to be any traffic above and beyond what would typically be expected by a single-family residence. b. Noise and Vibration: The use ofthe property as a group home is not expected to generate any noise or vibrations beyond what would typically be expected from a single-family residence. C. Dust, Glare, and Heat: The use of the property as a group home is not expected to generate any dust, glare or heat beyond what would typically be expected from a single-family residence. d. Smoke, Fumes, Gas, or Odors: The use of the property as a group home is not expected to generate any dust, glare or heat beyond what would typically be expected from a single- family residence. e. Hours of Operation: The group home is operated 24 hours a day when the transitional students are in residence at the facility. 5. Consideration of historical use patterns and recent changes: This area has historically included single-family residences. The neighborhood also contains a number of duplex and multi- family properties. The recent history has seen the conversion of owner -occupied single-family homes into rental homes, as well as the conversion of single-family homes into multi -family dwellings. 6. Effects on property values: No significant negative impacts on property values are anticipated as a result of the requested conditional use of the property. C. RECOMMENDATION The staff recommendation is that the Planning Board adopts staff report #KCU-14-02 as findings of fact and recommend to the Kalispell City Council that the Conditional Use Permit be approved subject to the following conditions: 910111 1110LIKII W.11 W;J •t 1. Obtain a building permit and pass all required inspections from the City of Kalispell Building Department for the remodeling of all of the bedrooms to meet current residential building code requirements for emergency egress. R 2. All required licensing, inspections, and approvals shall be obtained from the Private Alternative Adolescent Residential and Outdoor Programs (PAAROP) Board and the Kalispell Fire Marshall. 3. The 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. rol Fp 214 ENT J-!" .L•r1��.t.ii?f i-'.,fS£ ._,_,.. ' -'`<j U U��. fir' iS abr L.?4�F$ ji,,,,-,�- ram. ,T`r✓ d /{ � d. ( fJR�C- Gc.�•c. rL Gf'. ��'7-t �Y . ,�<c.C� ` C-i ''_' " c-� �..e� !•.+cr/' Gv;��f� ,yYz�-'�r✓i r�'� ...1� � ,.c,< � 11 all !' ! •- •M P,Wa '' " w' ,r,•;A*0 pE- C7 BE 0 IVP E PJD :U1 0 4 2014 KALISPE L PLANNING DEPARTMENT By way of this letter I am sending you my response to your letter advising me that the residence at 1045 3rd Avenue East is before the planning board for consideration of using the single family residence as a group home by Montana Academy. I STRONGLY OPPOSE th' residence for the use of a group home for teens. I Furthermore, the owner of the house, John Santa (one of the owners of Montana Academy), evicted a lady (on Social Security) for the purpose of using the house as a group home. The lady had lived in the residence for three and a half years and always kept the home and property in good and clean condition. Unable to find another suitable house to rent, she is now homeless! Having to move has caused this woman tremendous stress and undue hardship. She had to put all her possessions in storage and will have to save so that she can afford to make a deposit and first month rent on another house. Is this really the way to treat a senior citizen? I don't think so! One upstanding senior citizen now homeless so that teen age kids could have a home, when they have the ranch to live, just don't make sense. As for myself, at the age of 76, single and living alone, having teen age kids living so close my home leaves me very uncomfortable. It is my hope that you will NOT approve the proposed use of the house at 1045 3rd Avenue East. I Sincerely, Miidre von PROPOSED USE: Group Home CUP OWNER(S) OF RECORD: Name: Santa Properties LLC Mailing Address: 990 McGregor Lane city/State/Zip: Marion, MT 59925 1011anning Departme 201 1st Avenue East Kalispe% MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 Phone: 406-858-2270 PERSON(S) AUTHORIZED TO REPRESENT THE OWNER(S) AND TO WHOM ALL CORRESPONDENCE IS TO BE SENT: Name: Gretchen Boyer Mailing Address: 205 5th Avenue East City/State/Zip: Kalispell MT 59901 Phone: 406 261 5569 LEGAL DESCRIPTION OF PROPERTY (Refer to Property Records): Street 1045 3rd Ave East See. 17 Town- 28N Range 21W Address: No. ship No. Subdivision T Tract Lot Block 7 Name:— No(s).— No(s). No. 1. Zoning District and Zoning Classification in which use is proposed: t2-- 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 C. Size(s) and location(s) of proposed buildings. f. Existing use(s) of structures and open areas. 9- Proposed use(s) of structures and open areas. h. Existing and proposed landscaping and fencing. 1 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. 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. 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 Kalispell Planning staff to be present on the property for routine monitoring and inspection during the approval and develo m 4ent process. pphct Signature —j' Date 01� r ! s Application for Conditional Use Permit 2. Attach a plan of the affected lot which identifies the following items: a. Surrounding land uses. 1045 3rd Avenue East is located in a residential neighborhood. The area surrounding this location has a mix of residential homes and businesses and Schools. Montana Academy also operates 4 other transitional living programs at 305 5d' Ave. East, 205 5d' Ave. East, 520 l't Ave East and 527 2nd Avenue West. b. Dimensions and Shape of lot. - The lot is rectangular and 7100 square feet for entire lot. See map of property and adjacent lots. c. Topographic Features - The lot is flat. d. Size and Location of Existing buildings —1045 3rd Avenue East is a single story dwelling with a full basement. The 1st Floor is 1476 square feet and the basement is 1476 square feet. The Garage is attached and 20' X 36' totaling 720 square feet. e. Size and Location of Proposed Buildings — There are no proposed buildings. We will install Egress windows on the South and North sides of the house to provide safe exits for the basement areas of the house. 1045 3rd Avenue East will be used as a group home. We do not have signs in front of any of our group homes. f. Existing use of structures and open areas —1045 3rd Avenue East is a single family dwelling with an attached 2 car garage and a double wide driveway. It has a 5 foot privacy Fence around the back yard. This dwelling is on a corner lot. g. Proposed used of structures and open areas - We anticipate using 1045 3rd Avenue East as one of the homes for transitional students from Montana Academy. We have used 305 5fl' Ave East and 205 5th Av. East as transition homes for more than nine years, as well as 520 1" Avenue East and 527 2nd Avenue West for the last three years. We plan to use 1045 3rd Avenue East for a same purpose and staffed in the same fashion. h. Existing and proposed landscaping and fencing. —. The front yard and most of the backyard are landscaped. There is a 5 foot privacy fence around the back yard. We will plant flowers and continue basic landscaping on the property. �ft�A�t44 Application for Conditional Use Permit I On a separate sheet of paper, discuss the following topics relative to the proposed use: a. Traffic Flow and Control - Most vehicles associated with the 1045 3rd Avenue East property can be accommodated by the double car driveway on the South End of the property. Occasionally there may be a need to park on the street with a vehicle. This should not interfere with traffic in any way. b. Access to and Circulation within the property - Egress windows will be installed on the North End of this property, which boarders closely with the adjacent property. These will not change any access or circulation to the property, but will allow an exit in case of emergency. Montana Academy will install easy to remove covers to make sure egress wells are safe. c. Off -Street Parking and Loading — There is a double car driveway on the South side of the property, which will accommodate our parking needs as students are not allowed to have cars while in the Transition Program. At times there may be a need to park a vehicle on the street adjacent to the property. d. Refuse and Service Areas — The city refuse containers should accommodate our needs, if this is an issue, we will ask the city for another container at our expense. e. Utilities — These will remain the same as the residential area. £ Screening and Buffering — There are no issues in this area. g. Signs, yards and open spaces — We will have no signs identifying our program. h. Height, bulk and location of structures — All structures will remain the same, with the addition of egress windows as noted in 3b. i. Location of proposed open space uses — Not Applicable j. Hours and manner of operation — The Montana Academy transition home will operate 24 hours a day. 1045 3' Avenue East will be supervised by staff in accordance to our program policies. Please see separate sheet for a more detailed description of our program. k. Noise, light, dust, orders, fiunes and ventilation — We do not anticipate any issue in these areas. 01 Application for Conditional Use Permit —1045 3rd Avenue East - • :: is • r � ,. � s - • I'. A r..� Montana Academy, Inc. was founded in 1997 and remains owned and operated by two married couples, John McKinnon, M.D., and his wife Rosemary McKinnon, MSW, and John Santa, Ph.D., and his wife Carol Santa, Ph.D. Both families have lived in Kalispell, worked as professionals in the community, and raised their families in Kalispell. They continue to own and operate Montana Academy. In the past seventeen years, Montana Academy has grown considerably. We now have a fully accredited high school on a 500 acre ranch campus in Lost Prairie with 75 students from all parts of the country. We also have four transition homes in Kalispell that we have operated for the past ten years. The current transition houses are located at 205 and 305 5 Ave East, 520 1st Ave East, and 527 2nd Avenue West. Montana Academy employs more than 80 employees with an annual payroll in excess of 3.4 million dollars. The opening of this additional house would also provide more decent paying jobs, which include medical benefits, in Kalispell. Montana Academy is a therapeutic boarding school that emphasizes both treatment and education. We provide sophisticated clinical expertise in a supportive environment. Montana Academy combines intensive individual, group, and family therapy with a first rate academic high school curriculum in a remote ranch setting. The residential program is licensed by the state of Montana, accredited by the Joint Commission on Accreditation of Health Care Organizations. We are also accredited as a degree granting high school by the AdvancEd, Northwest Accreditation Commission and the National Independent Private School Association. Our students are bright but underachieving high school students who, for a variety of reasons, are failing to achieve their potential in their home environments. They are all privately placed with us by their parents, and none is placed by court order or social service agencies. All of their parents remain highly committed and visit their children every few months. We have created a highly professional, nurturing, and structured boarding school environment that allows students to mature, grow up, and get back on track in a healthy environment. Nearly 90 percent of our students graduate from high school and continue on to college. We have students accepted and attending a variety of first rate state universities as well as many prestigious private colleges and universities such as Brown, Dartmouth, Lewis and Clark, Smith, Stanford, University of Chicago Willamette, and Whitman. As students mature and progress through our emotional growth program in Lost Prairie, many of students need a transitional experience that is less structured than the ranch. We have established the transition homes in Kalispell with the goal of providing a gradual step down from the structure of the Academy, offering students a chance to practice their new skills in a more conventional environment. Our transition program provides a semi -structured environment for students to internalize the gains they have made and to contribute to the larger community. They attend Flathead Valley Community College and Flathead High School. Students commit to volunteer work for a wide variety of community programs and businesses. Altogether, our students provide between 100 and 200 hours of weekly volunteer time. Students work at The Flathead Food Bank, The Habitat for Humanity Resale Store, Second Helpings Thrift Store, The Conrad Mansion, Violence Free Crisis Line, Woodland Montessori School, and The Center for Restorative Youth Justice. We also pick up recycling from houses in our neighborhood twice a month for proper disposal. We have a good relationship with our neighbors and work hard to maintain our properties in accordance with neighborhood standards. Our staff are available 24 hours a day for our students. During daytime hours students are at work and college, and we have one staff to keep a house open and to be available for emergencies. After 3prn we have one staff working in each house. At night we have two awake night staff who walks between the homes and keep students and our homes safe. 10453 rd Avenue East Front View (West Face ofHouse\Bnard' m 3[ Avenue East North End of House, boarding Neighbor. low uenter for Restorative Youth Justice Youth Connections I Drug & Alcohol Accountability Program Theft Impact Circle Victim Offender Conferencing j Community Accountability Board Victim Impact Program May 22, 2014 To the City of Kalispell Planning Board and City Council: The youth of Montana Academy have been extremely instrumental in the programming of the Center for Restorative Youth justice (CRYJ). We have been fortunate enough to have worked with various youth from Montana Academy since 2008. For CRYJ, the youth from Montana Academy have provided countless hours in program and office assistance, serving as invaluable volunteers and youth mentors for our program participants. They are reliable, incredibly dedicated and bring a passion and unmatched enthusiasm for working with youth in the Flathead who are struggling to learn from their mistakes. Montana Academy youth have helped form relationships and offer support as CRYJ youth participants move forward in their restorative programming. Here at CRYJ, our goal is to build safer communities by encouraging community/youth partnerships, emphasizing direct youthful accountability, and restoring victim well-being by providing innovative services committed to strengthening and improving the lives of youth, their families, and our community. The youth from Montana Academy who have volunteered with us understand accountability and work with local youth to provide them with opportunities to take responsibility for their actions in meaningful ways. They have shown to be more mature than the average adolescent; they have been challenged while at Montana Academy to make better decisions, to respectfully communicate, and to engage life fully. These youths' past experiences have proven to be an asset on our accountability panels, guiding our program participants toward productive alternatives from former negative behaviors. Furthermore, through our experience we have found these youth to be very responsible. We trust them with responsibilities beyond that of normal youth volunteers. In total, Montana Academy Sky House members have dedicated more than 1,200 hours of volunteer time to our agency since 2008. These volunteers balance their service with other commitments - attending college and sometimes other jobs while volunteering with our agency. Montana Academy youth have proven to be genuinely interested in their future as productive members of the community. As an Executive Director, and as a community member - the youth I have had the opportunity to overlap with are some of the most incredible people I have had the privilege to work with. They bring a depth and a level of passion and awareness to our community that is truly a gift Our agency and the youth of Kalispell have benefited tremendously from the participation of the Montana Academy youth in our community. Not only has CRYJ benefited from their contributions, but so have countless individuals and agencies within the Flathead Valley. I strongly support Montana Academy and their place in our Kalispell Community. Please feel free to contact me if you have any questions. Sincerely, Shareen Springer CRY! Executive Director T. 406.257.70 E; shareenrestorativeyouthjustice.org 2241st Avenue Fast I Kalispell, MT 599011 Phone 406.257.7400 { Fax 406.257.7494 www.restorativeyouthjustice.org DJµ 0 • WO Re 0 O dW no International r y� j Baccalaureate 644 4t West est ® Kalispell, MT 599 World school http://www.sd5.hl2.mt.us/fhs Main Office (406)751-3500 Attendance %ax (406) 751-35®5 Guidance 5-9-2014 To the City Planning Committee, (406)751-3600 (406)751-3525 I am writing on behalf of the Montana Academy in their pursuit of adding an additional house within the city limits of Kalispell for students transitioning from the main campus. I am the head of the Counseling Department at Flathead High School, and this school year, 2013-2014, marks the first year that we have partnered with the Montana Academy and welcomed their students into our school as part of their program transition. We currently have 8 students enrolled at our school, ranging from 10"'-12t" grade, participating in standard level, Honors, and International Baccalaureate courses. These students have been a great addition to our school, blending in smoothly with the rest of the student body. They have been active participants in all of their classes, working hard to earn high grades across the board, earning an average of a 3.40 GPA. In addition, we have had no disciplinary problems, teacher complaints, or student complaints in regards to the MA students. I am impressed with the program the Montana Academy is running, and Flathead is honored to be able to partner with them in educating their students. I feel they do an outstanding job in preparing their students for the reintegration to public school, and have an active presence here to provide additional support to their students, should it be needed. I'm sure the supervision and support at our school is reflective of how they operate at the main campus, as well as here in town at the different houses. As I mentioned before, I am thrilled to have the opportunity to work with the Montana Academy and their students. They have been nothing but effortless to communicate and work with. I highly support the approval for another home in Kalispell, as they will need the room to support and house their students. Thank you for your time and consideration. Please contact me with any questions at mccannc@sd5.1<12.mt.us or 406.751.3471 Best, Chelsea McCann FHS Counseling Department Leader May 1, 2014 RE: Montana Academy Students To Whom It May Concern: It is my pleasure to write a letter regarding my experience with the student volunteers from the Montana Academy. We have had the opportunity to welcome Montana Academy student volunteers into our business for the past 3 years. They are courteous and professional individuals that take immense pride in their work. We are impressed with their abilities to communicate and they have a great work ethic. The program that Montana Academy offers local businesses with their student volunteers is a valuable asset to Mountain Valley Foods. We look forward to continuing this partnership with Montana Academy and their students. Sincerely, Patricia L. Joh on Mountain Valley Foods 25 Commons Way Kahspell, MT 59901 406-756-1422 mvf mountainvalleyfoo ds.com 128 Main Street Kalispell, MT 59901 flowersbyhansen@centnz,-ytel.riet www.flowersbyhansen.com aflowers4sale.com Mcf A r May 7,'2014 ' This letter is in support of an additional house to be acquired by Montana Academy. Jill approached me a few months ago to see if I would be willing to work with a student from the Academy to introduce her to the job market and learn entry level job skills. The student that Jill matched us with is a perfect fit. In fact I am so pleased with her, that I have since put heron the payroll. I highly support what the Academy is doing and what a positive difference they are making in the lives of young people. Sincerely, Debbie Snyder, owner g To Whom It May Concern, Farm Hands — Nourish the Flathead is writing this letter to support Montana Academy in their pursuit of an additional house for their transition program in Kalispell. Farm Hands is a 5016 whose mission is to connect people to the sources of their food and those who produce it through education, outreach and market support. The students of the Montana Academy transition program help run and maintain the community garden at FVCC, they tend and harvest beds and donate the food to the foodbank in Kalispell. The students are also instrumental in our annual service project in the garden called Global Youth Service Day. This year they wrote and received grants totaling $650.00 that provided food for participants and much needed tools for the garden, as well as led over 70 youth in an all -day service project. In addition to the garden students have helped run the SNAP booth (formly foodstamps) at the Farmer Market in Whitefish, as well as help with the senior coupon program we run at the market as well. We hope to continue this program at the Kalispell Farmers Market in the future. Again, our organization would like to support Montana Academy in their growing needs in the Kalispell Community. We have relied on these amazing young people to help maintain project that otherwise would not exists. Please support them going forward. Sincerely, Barb Brant Board Chair Nourish the Flathead 1658 E. 2nd St, Whitefish, MT 59937, Phone: (406) 249-3484 E-Mail: info nourishtheflathead.org http://www.nourishtheflathead.org � i 7 APPLICANT: Montana Academy - Group home FILE NO: KCU-14-02 I, the undersigned certify that I did this date mail via First Class Mail a copy of the attached notice to the following list of landowners adjoining the property lines of the property where an conditional use permit has been requested. Date: l5" 1 S-T-It, 17-25-21 Tract/Lot: Lot 7, Block 136 Santa Properties, LLC 990 McGregor Lane Marion, MT 59925 Gretchen Boyer 205 5th Avenue East Kalispell, MT 59901 Santa Properties, LLC Gretchen Boyer Ambrose Legacy Wealth Trust 990 McGregor Lane 205 5+h Avenue East 5730 MT Highway 35 Marion, MT 59925 Kalispell, MT 59901 Kalispell, MT 59901 Betty Kijewski P.O. Box 358 Babb, MT 59411 Irene Smith 1044 4+h Avenue East Kalispell, MT 59901 Mildred Lawton Roxana Lawton-Dalla 1109 3rd Avenue East Kalispell, MT 59901 Shelley Draper 1046 3rd Avenue East Kalispell, MT 59901 Nicholas & Ashley Rodriguez 1027 2nd Avenue East Kalispell, MT 59901 Sharie Haven 240 11th Street East Kalispell, MT 59901 Holmquist Family Rev Inter- Vivos 150 Pleasant Hill Dr Kalispell, MT 59901 Jillian Johnsrud Adam Morrissey 1142 5th Avenue West Kalispell, MT 59901 Shay 8v Melissa Evanoff 1045 4+h Avenue East Kalispell, MT 59901 Bradly & Karen Eldridge 1035 3rd Avenue East Kalispell, MT 59901 Willard & Tami Randall 1038 3rd Avenue East Kalispell, MT 59901 Brett Fisher 1025 3rd Avenue East Kalispell, MT 59901 Linda & William Burton Benjamin & Chau Young //0,,7 e 1034 4+h Avenue East Kalispell, MT 59901 Kalispell, MT 59901 Kellyn J. Brown 6310 Locarno, Unit A The Monterra Whitefish, MT 59937 John Hamel 1035 4+h Avenue East Kalispell, MT 59901 Hillary Ginepra 1110 3rd Avenue East Kalispell, MT 59901 Gerald & Claudia Siemens P.O. Box 483 Trego, MT 59934 Edward & Danielle Coffman, Jr. 1020 3rd Avenue East Kalispell, MT 59901 Stephanie & Dean Mason 1034 3rd Avenue East Kalispell, MT 59901 Roseanne Bloom P.O. Box 734 Kalispell, MT 59903 Donald & Alice Melvina Veidt 1017 3rd Avenue East Kalispell, MT 59901 '0y:rh1all 0e1rnafl STATE OF MONTANA . yam°;:for FLATHEAD COUNTY or =DAVIT OF PUBLICATION . :A ALKIRE BEING DULY SWORN, DEPOSES AND SAYS: THAT SHE IS THE LEGAL CLERK OF THE DAILY INTER LAKE A DAILY NEWSPAPER OF GENERAL CIRCULATION, PRINTED AND PUBLISHED IN THE CITY OF KALISPELL, IN THE COUNTY OF FLATHEAD, STATE OF MONTANA , AND THAT NO..& [?a 6 LEGAL AD'VERTISMENT WAS PRINTED'AND PUBLISHED IN THE REGULAR AND ENTIRE ISSUE OF SAID PAPER, AND IN EACH AND EVERY COPY THEREOF ON THE DATES OF a5'P�lc AND THE RATE CHARGED FOR THE ABOVE PRINTING DOES NOT EXCEED THE MINIMUM GOING RATE CHARGED TO ANY OTHER ADVERTISER FOR THE SAME PUBLICATION, SET IN THE SAME SIZE TYPE AND PUBLISHED FOR THE SAME NUMBER OF INSERTIONS. - ----------------- Subscribed and sworn to Before me this R a 4 Dorothy I. Glen oss Notary Public for the State of Montana Residing in Kalispell My commission expires 9/11/2017 p4A/I, NOTARY PUBLIC for thb * SEAL * Mato of mortaw r714410V at 11WIlapoll, Montfifia shy Crtlflir I401arf Lup4mg QoiMoo �sptsammb�r9i,��t7 VICINITY r MONTANA ACADEMY GROUP FILE# K U 14-02 PLOT DATE 5/61i4 .� H:1gtslstteikcul4 D2-.dwrj