10. Northwest MT Mental Health Group Home Conditional Use PermitCity of Kalispell
P. 0. Box 1997
Kalispell, Montana 59903-1997
GRANT OF CONDITIONAL USE
APPLICANT: Western Montana Mental Health Center
ADDRESS: Fort Missoula Building T-9
Missoula, MT 59801
LEGAL DESCRIPTION: Lot B of Block 213, Kalispell Addition, in the
SW4 of Section 17, T28N, R21W, P.M.M.,
Flathead County, Montana
OWNER: Western Montana Mental Health Center
Fort Missoula Building T-9
Missoula, MT 59801
Western Montana Health Center, applicant, applied to the City
of Kalispell for a conditional use permit to allow the conversion
of a duplex residence to an eight (8) person Community Residential
Facility - Transitional Support Housing Group Home on the property
described above.
The Kalispell City -County Planning Board and Zoning
Commission, after due and proper notice, on April 11, 1995 held a
public hearing on the application, took public comment and
recommended that the application be approved subject to five (5)
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-95-01 as the Council's findings of fact, and issues and grants
to the above -described real property a conditional use permit to
1
. ,. - , — -- v.r — . 1 ar 1 i 4Vr`R nul""II OY40
P. 2
UARC RACtCMI C30VERNOR
Owwwvnn�STATE OF MONTANA
(498) 444-2920
FAX: (406) 444-4920
May 15, 1995
Kalispell City Manager and City Council:
1830 11TH AVENUE
PO BOX 201301
Pi M"A. MONTANA 59MO.1301
I am writing in support of the current use of the property at 1225 2nd Avenue East in
Kalispell. It is my understanding that the Western Montana Mental Health Center provides
services for up to four unrelated 'individuals living on each side of this duplex. It is my
further understanding the city of Kalispell is considering requiring 24-hour per day
supervision of this duplex based on the fact that the residents have mental illnesses.
While I am not in a position to make a legal determination regarding the proposed action,
such action may be counterproductive to the efforts of community mental health centers and
this Department to assist individuals in accessing a normalizing life in their communities.
Hundreds of people with a mental illness reside in independent or semi-independent housing
in Kalispell and in communities all over the state. Your plan to require 24-hour per day
supervision seems to suggest that persons with a mental illness can live within their
communities only when 24-hour per day care is provided. I sincerely hope that this is not
your intent.
Given the potentially negative impact to persons with mental illness across the state, we
strongly support the request of the Western Montana Mental Health Center for this matter to
be continued in order to permit a thorough legal investigation.
Sincerely,
DAN ANDERSON, Administrator
Mental Health Division
DA/cd
cc: John Lynn
'AN EQUAL OPPORT Nt rY EMPLOYER"
allow the conversion of a duplex residence to an eight (8) person
Community Residential Facility - Transitional Support Housing Group
Home subject to the following conditions:
SECTION I.
1. This development comply with zoning ordinance
requirements.
2. This conditional use permit is approved in accordance
with MCA Title 76, Sections 76-2-412; and 76-2-411(1)
which states that this is to be "a community group home
for the developmentally, mentally, or severely disabled
persons which does not provide skilled or intermediate
nursing care". The community residential facility herein
authorized shall provide on -site resident care on a
twenty-four hour a day basis. Any deviation or
modification of this permit will require an amended/new
Conditional Use Permit.
3. A final Site Plan including five (5) paved parking spaces
and landscaping be approved by the City's Site Plan
Review Committee.
4. On duty staff will utilize the parking area in the back,
near the alley.
SECTION II.
The conditional use permit, herein granted, shall terminate 18
months from date of issuance if commencement of the authorized
activity has not begun.
2
Dated this day of , 1995.
Douglas D. Rauthe, Mayor
STATE OF MONTANA )
: ss
County of Flathead )
On this day of , 1995, before me, a
Notary Public, personally appeared Douglas D. Rauthe, 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
3
Flathead Regional Development Office
723 5th Avenue East - Room 414
Kalispell, Montana 59901
April 18, 1995
Phone: (406) 758-5780
Fax: (406) 758-5781
Bruce Williams, City Manager
City of Kalispell
P.O. Drawer 1997
Kalispell, MT 59903
RE: Western Montana Mental Health Center Conditional Use Permit
Dear Bruce:
The Kalispell City -County Planning Board and Zoning Commission met in regular
session on Tuesday, April 11, 1995 and held a public hearing on the following:
A request by Western Montana Mental Health Center for approval of a
conditional use permit to allow a transitional residential support housing
facility (Group Home). This facility is to assist adults with mental
illnesses in a residential setting where they can learn the skills
neacessary to live independently. The property is located approximately
150 feet south of 12th Street East on the east side of 2nd Avenue East.
The address is 1225 2nd Avenue East. The site is described as Lot B
of Block 213, Kalispell Addition in the SW4 of Section 19, Township 28
North, Range 21 West, P.M.M., Flathead County, Montana.
John Parsons, of FRDO presented the staff report, and stated that the applicant had
requested a continuance to the May meeting to address the legal definition of a
group home versus a community residential facility as per the zoning ordinance.
Parsons said that staff's evaluation would not change and recommended granting the
permit subject to five (5) conditions.
The representative for the applicant explained the intent of the application and
objected to the condition to comply with MCA Title 76, Section 76-2-412. Their intent
is to fall under the requirements of Section 76-2-411(1). Five other persons spoke
in favor of granting the conditional use permit, citing the need for such a facility
in the community.
Legal counsel representing 15 homeowners in the neighborhood, spoke in opposition
to a group home that did not have staff available 24 hours at the facility. Five
other persons testified for the need to have constant 24 hour care available at the
facility, to monitor medication, provide structure for the clients, and be there when
a crisis occurs.
Following the public hearing, the Board discussed the public testimony, and the
definition and intent of the statutes pertaining to group homes and residential
community facilities. The Board voted 6-1 in favor of adopting the findings of fact
in report #KCU-95-01, recommending approval of the conditional use permit, subject
to the conditions as listed on Attachment A, and directed the applicant to clearly
state their intent by submitting a revised application within two days.
Providing Community Planning Assistance To:
* Flathead County * City of Columbia Falls * City of Kalispell * City of Whitefish
Bruce Williams, City Manger
Re: Western Montana Mental Health Center CUP
April 18, 1995
Page 2
This recommendation is being forwarded to the City Council for final action. Council
must wait for the minutes of the Planning Board meeting prior to taking action,
however it does not preclude dicussion at Council workshop. If you have any
questions regarding this request, please contact the Commission or John Parsons at
FRDO.
Respectfully Submitted,
KALI PELL CI-COUN�T�YP�LANNING BOARD AND ZONING COMMISSION
Therese Fox Hash
President
TFH/JJP/eo
Attachments: Attachment A
FRDO Report #KCU-95-01
,{ Application Materials
Letter from Candace Butler (4/12/95)
Corrected Application
c w/Att A: Western Montana Mental Health Center
Fort Missoula Building T-9
Missoula, MT 59801
Candace Butler
Flathead Community Support Program
1740 Hwy 93 South
Kalispell, MT 59901
F:\FRDO\TRANSMIT\KCU95-Ol.REC
ATTACHMENT A
WESTERN MONTANA MENTAL HEALTH CENTER
CONDITIONAL USE PERMIT #KCU-95-01
CONDITIONS OF APPROVAL
AS RECOMMENDED BY
KALISPELL CITY -COUNTY PLANNING BOARD AND ZONING CO MIS'#ION
APRIL 11, 1995
It is recommended that the City Council grant the requested Conditiond Use Peru` ,
subject to the following conditions:
1. This development comply with zoning ordinance requiremeats.
2. This conditional use permit is approved in accordance with MCA Title 76,
Sections 76-2-412; and 76-2-411(1) which states that this- is to be "a
community group home for the developmentally, mentally,. or severely
disabled persons which does not provide skilled or intermediate nursing
care". Any deviation or modification of this permit wM require an
amended/new Conditional Use Permit.
3. A final Site Plan including five (5) paved parking spaces and
landscaping be approved by the City's Site Plan Review Committee.
4. On duty staff will utilize the parking area in the back, near the alley.
5. This Conditional Use Permit shall be terminated 18 months from the date
of authorization if commencement of the authorized activity has not
begun.
F:\...\TRAN S MIT\...\KCU95-01.REC
FLATHEAD REGIONAL DEVELOPMENT OFFICE
CONDITIONAL USE REPORTR
WESTERN MONTANA MENTAL HEALTH
COMMUNITYRESIDENTIAL F.CILITY - TRANSITIONAL SUPPORT
GROUP HOME
A report to the Kalispell City -County Planning Board and zoning Commission regarding a
request for a Conditional Use Permit to allow a community residential facility for the
transition of mentally ill individuals into society. This request Is scheduled for a public
hearing at 7:00 PM on Tuesday, April 11,1995. A recommendation will then be forwarded
to the Kalispell City Council for final action. The hearing will be held in the City Council
Chambers, City Hail, 213 -1st Avenue East, Kalispell.
'
Western Montana Mental Health Center
Fort Missoula Building T-9
Missoula, MT 59801
Candace Butler
Flathead Community Support Program
1740 Highway 93 South,
Kalispell, MT 59901
The property is approximately 8,800 square feet in area, located on the east side of
2nd Avenue East approximately 140 feet south of 12th Street East. The property is
more particularly described as Lot B of Block 213, Kalispell Addition, in the SW4 of
Section 17, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana.
The address of the property is 1225-2nd Avenue East.
C. NATURE OF REQUEST
The applicant is requesting a Conditional Use Permit to allow the conversion of a
duplex residence to an eight (8) person Community Residential Facility - Transitional
support Housing Group Home pursuant to MCA 76-2-4110) In the R-3 zone.
D. LAND USE AND ZONING
Existing: Currently the property has a duplex residence constructed on it and is
zoned R-4.
Adiacent: The surrounding properties are zoned R-4 and contain residential uses.
E. MASTER PLAN DESIGNATION
The Master Plan designates this area as Residential and anticipates the type of use
proposed.
F. EVALUATION REQUESU
1. Site Suitability:
a. Adequate Useable Space: The proposed facility is considered to have
adequate space on the site, although parking may possibly be
inadequate.
b. Adequate Access: The property has access onto 2nd Avenue East and
to the alley which Is adequate.
C. Environmental Constraints: No known or documented environmental
constraints exist on or adjacent to this site.
2. Appropriate Design:
a. Parking Scheme: Parking Is a concern with this project. The parking
area appears to be adequate In size; five (5) spaces should be
adequate. The applicant has indicated that two staff members would
be onsite at any given time and a third would visit from time to time.
The current Zoning Ordinance does not provide a ratio for this
particular use. The ordinance does indicate that when a use Is not
listed, the Zoning Commission shall determine the number of parking
spaces required using the most similar use listed. It would appear that
the Rooming House/Dormitory is the most similar, this would require
one (1) per bed. However, staff does not feel this is appropriate since
not all the residents would have cars and recommends approval of
five paved parking spaces.
b. Traffic Circulation: Access from 12th Street East to the paved alley
presently serves the site. In addition a driveway exists on the south
side of the building. This appears to be adequate.
C. open space: The applicant proposes to leave the property landscaped
as Is. A landscape plan should be approved by the City.
d. Fencing/screening: The applicant has not submitted a
fencing/screening plan. As previously Indicated they propose to leave
this property essentially as Is.
e. Landscaping: The applicant has not submitted a landscape plan. A
plan would d be required to be submitted for the approval of the Site
Plan Review Committee.
f. Si na e: The applicant has not submitted a signage plan; any sign
would conform to the Kalispell Zoning Ordinance.
3. Availability of Public Services/Facilities:
a. Schools: Because of the nature of this facility, no significant impact
on schools is anticipated.
E
b. Parks and Recreation: Because of the nature of this facility, no
significant impact on parks or recreation is anticipated.
C. Police: The facility can be adequately served by existing Kalispell staff
and equipment.
d. Fire Protection: The facility can be adequately served by existing
Kalispell staff and equipment.
e. Water: An existing water main adequately serves the site.
f. Sewer: An existing sewer main lies in the alley and adequately serves
the site.
g. Solid Waste: The site can be adequately served by the Kalispell
Municipal collection service.
h. Roads: The property abuts 2nd Avenue East which adequately serves
the site.
4. immediate Neighborhood Impact: This area has developed with residential
uses. State statute supports the concept of group homes in residential
zoning districts, but calls for a public hearing so that any neighborhood or
site specific concerns may be addressed. It is recommended any approval is
for a Transitional Support Group Home, for which this site is being reviewed,
a condition of approval include the section and subsection of the MCA for
any approval.
5. Immediate Neighborhood Integrity: This project is located within an area
anticipated for residential use. This type of use is not considered out of
character for a residential area. This type of development is both anticipated
and welcomed.
6. Impact on Property Values: The proposed project should not have significant
Impacts on the surrounding properties. The proposed development is to be
harmonious with adjacent uses and developments and should have no impact
on established values in the area.
G. SUMMARY OF FINDINGS
The requested use has adequate space for the proposed development;
With adequate safeguards for the surrounding property owners, no significant
impact would be expected from the use, parking, circulation, and layout;
All public services/utilities are available to the development; and
All neighborhood impacts would be insignificant since the use is anticipated by the
zone, Master Plan, and State Law.
3
W. RECOMMENDATION
It Is recommended that the City -County Planning Board and zoning Commission
adopt this report as Findings of Fact and grant the requested Conditional Use
Permit, subject to the following conditions.
1. This development comply with zoning ordinance requirements.
2. This conditional use permit is approved In accordance with MCA Title 76,
Sections 76-2-412; and 76-2-411(1) which states that this is to be "a community
group home for the developmentally, mentally, or severely disabled persons
which does not provide skilled or Intermediate nursing care". Any deviation
or modification of this permit will require an amended/new Conditional Use
Permit.
3. A final Site Plan including five (5) paved parking spaces and landscaping be
approved by the City's Site Plan Review Committee.
4. on duty staff will utilize the parking area in the back, near the alley.
S. This Conditional Use Permit shall be terminated 18 months from the date of
authorization if commencement of the authorized activity has not begun.
F:\...\KCU95--01.CRF
4
ADDENDUM TO APPLICATION FOR CONDITIONAL USE PERMIT
3.a.
TRAFFIC FLOW AND CONTROL: Traffic flow will mostly be
staff parking in the back of the lot off paved alley.
No more than three cars at a time will be parked
there.
b.
ACCESS TO AND CIRCULATION WITHIN THE PROPERTY: Access
to the property will be through the front and back
doors as well as side entrances.
c.
OFF-STREET PARKING AND LOADING: When on -shift, staff
will utilize the parking area in the back near the
alley. There will be no loading. Residents routinely
do not have vehicles.
d.
REFUSE AND SERVICE AREAS: Refuse and service area are
located in the back of the lot near the alley. City
refuse will be utilized:
e.
UTILITIES: There will be no other utilities other
than existing gas, electricity, television cable
services, and water.
f.
SCREENING AND BUFFERING: Currently, on the south side
of the building a driveway and fence with hedges
exists. Trees are established in the front lawn.
These screening and buffers will continue to be used.
g.
SIGNS, YARDS, AND OTHER OPEN SPACES: There are no
signs and none will be used. In spring 1995, sod will
be laid to establish lawn. There are no other open
spaces.
h.
HEIGHT, BULK AND LOCATION OF STRUCTURES: The building
is a large two-story duplex 36` width by 92' length.
There are no other structures or plans for such.
i.
LOCATION OF PROPOSED OPEN SPACE USES: No open space
areas exist other than yard space. This will be kept
intact.
j.
HOURS AND MANNER OF OPERATION: The hours and manner of
operation will be consistent with community residence.
Residents will reside in the building, staff will be
available the minimum of 16 hours a day.
k.
NOISE, LIGHT, DUST, ODORS, FUMES, AND VIBRATION: There
will be no additional noise, light, dust, odors, fumes,
or vibration than what already exists in a community
residential area.
0
ADDENDUM TO CONDITIONAL USE APPLICATION
1225 SECOND AVE E, KALISPELL MT
Western Montana Mental Health Center will operate a
transitional residential facility to assist adults with severe and
persistent mental illness to live independently in the community.
Eight persons with mental illness will reside atSecond Ave E.
Treatment goals will be individually created to improve skill
development in cooking, cleaning, laundry, medication management,
coping with mental illness, and managing leisure time.
Residents will be assessed in each area and treatment goals
developed to move toward mastery of these skills. Expected length
of stay is 3-6 months at which time clients will move on to living
independently in the community. The overall goal is to provide a
setting where clients can learn the skills necessary to live
independently.
The facility is named Independence House and is staffed from
7:00 am to 9:30 pm. During the hours of 9:00 am to 3:00 pm,
residents are required to participate in a day treatment program.
24 hour crisis intervention services are available to clients to
respond to after hours needs.
The City of Kalispell
Incorporated 1892
Building Department
-ian J_Woo
Coning Administrator
April 10, 1995
William E. Astle
Astle & Astle
705 Main Street
Kalispell, MT 59901
RE: Zoning Determination - 1225 2nd Avenue East
Mr. Astle:
Telephone (406) 758-7730
248 3rd Avenue East
PO Box 1997
Zip 59903
Fax (406) 758-7739
In response to your inquiries, this office is making the
following clarification to a determination made April 4, 1995
regarding the above -referenced property:
A group home as defined in Chapter 27.37.010(105) that serves
more than eight (8) persons is not a use that is permitted by
conditional use permit in the R-4 Residential district.
(
The provision of care on a 24-hour-a-day basis is not directly
addressed in the ordinance definition of a group home. The
definition does, however, refer to a statute that requires
community residential facilities to provide 24-hour-a-day care if
they are to be considered residential for purposes of zoning.
In this case it is appropriate to require 24-hour-a-day care for
the group home at 1225 2nd Avenue East. As was mentioned in our
phone discussion this morning, the Kalispell Zoning Ordinance
does not define "24-hour-a-day care" and it will likely be
necessary to rely on the licensing agencies of the group home to
define same.
If you have any questions, feel free to call.
Sincerely,
--E=J \.")Cz
Brian J. Wood
Zoning Administrator
c: City Attorney
C. Butler, WMMHC
APR- 4-95 TUE 8:26 ASTLE & ASTLE 4062573268 P.02
WILLIAM F_ ASTLE
VIA T£I-EFAX 758-7739
Brian). Wood
Zoning Administrator
City of Kalispell
Kalispell, Montana 59901
ASTLE AND ASTLE
ATTORNEY& ANO COVNGELOAS AT LAW
M MAIN SIAEET
KALISPELL. MONTANA 59901
April 4, 1995
Re: Group Nome Conditional Use Permit Application
1 225 Second Avenue East
Dear Zoning Administrator Wood:
PHONE 0MI M IM
FAX 0%) 257-=M
Please be advised that I represent several property owners (clients' names
furnished on request) neighboring the above property, which is the subject of a
conditional use permit application by Western Montana Mental Health Center for a
conditional use permit to allow a transitional residential support housing facility (group
home).
It is respectively requested on behalf of my clients that under the authority of
Chapter 27.28 of the Kalispell City Zoning Ordinance that you, as Zoning
Administrator, render your interpretation as to whether a group home as defined in
Chapter 27.37.010(105), Kalispell City Zoning Ordinance, is a use permitted by
conditional use in an R-4 zoning category If the group home:
A. Serves more than eight persons; or
B. Does not provide care on a twenty-four hour a day basis,
i trust you appreciate your official opinion is of utmost importance to the
above -named applicant, my clients as neighboring property owners, and also to the
Flathead Regional Development staff in preparing its recommendation to the Kalispell
City Zoning Commission relative to the above pending application.
APR- 4-95 TUE 8:Z6 ASTI.E & HSTL.0 4e7g4Jr0.[®a r- .vo
Brian J. Wood
Page 2
April 4, 1995
Thanking you in advance for your prompt attention and cooperation In
rendering your opinion. 1 remain,
Very truly yours,
WEAlwrw
VY1 \ S S iGY)
�n
Members of the City/County Planning Board:
Thank you for considering the conditional use permit request
from Western Montana Mental Health Center for the community
residential facility located at 1225 Second Ave East. The mental
health center will operate a transitional, supported housing model
from this facility called Independence House.
Independence House has been designed with treatment programs
to provide skill training in independent living for adults with
severe and persistent mental illness. The facility will house no
more than eight individuals. Staff will assist in skill
development in areas such as coping with symptoms of mental
illness, management of medications, cooking, shopping, laundry,
leisure time management, budgeting, and cleaning. The goal is to
develop skills which will promote success for independent living in
the community.
The treatment program will be transitional in nature dependent
on the treatment progress made by house residents. Residents can
stay 3-6 months until they have demonstrated mastery of independent
living skills.
Residents will be screened and assessed to determine their
appropriateness for transitional, supported housing services.
Residents will be accepted if they meet diagnostic criteria and are
assessed to need transitional skill development. Individuals with
histories of violence, sexual offense, or child molestation are not
eligible for placement at Independence House.
Independence House has staff available from 7:00 am to 9:00
am. From 9:00 am to 3:00 pm the residents are active in
Lamplighter House, a day treatment program where professional staff
observe and monitor status daily. After 3:00 pm, residents return
to Independence House where staff is available until 11:00 pm.
Prior to leaving the house, staff assess each resident to determine
whether they need extra assistance through the night. Staff have
the flexibility to call in relief staff to provide overnight
supervision.
In addition to the support and care provided to the residents
between 7:00 am and 11:00 pm, the mental health center also
provides 24 hour crisis response through certified Mental Health
Professionals and the Safe House. This program has 24 hour
availability to respond to mental health crises throughout the
community. MHPs have the capacity to respond immediately to the
client's home to assess needs and make appropriate placement
decisions. options available to MHPs include calling in relief
staff, placement at Safe House or Pathways Treatment Center. The
Safe House is a 24 hour crisis residential facility that serves as
an alternative to inpatient psychiatric hospitalization. Clients
can be placed in the Safe House where trained crisis intervention
4 '
workers are available 24 hours a day. Clients can stay at the Safe
House until they have control over symptoms and behaviors and can
return to Independence House or their homes.
This crisis response system has been in place for the past
four years. All clients of the mental health center, including
residents of Independence House, are aware of the process to access
the Mental Health Professionals and do so regularl
r
lb
0
b
0
`o
141 140
tM
1 (�
12T1-1 STREET
_ N76"1100E 3tiF ,10 (t1j +
FND R.2 FJ• �R
SPIKE .. � .. __._ ....... N;'a°!C�'JJ"1:,•........ - 3t '_
w
a
_ 9. 7'(A' 31000'(R)
33.0, .33.0, 14, 617'(Afj 142.0O'(1012 16.0'(
b •
N76"10'23"E 141.87' .
0
3 'Q OLD BOUNDARY
LOT A 1z5
e
0. 203 AC. i !�' SQ. Fr.
o -�
N o N76010'45"E 141.86'
u► 0 l(40,a r'� M 25'
rq
SQ. Fr.
Co
b.
`y o
o
o
7 ,
214
33.0� 33.0' 141.83'(M) 142 O_0_'(Rl__ 116.0'
'--" - 299.66' (M) 300, 00' (R)
W'
. tq
S7S_ 11'34'W _ .365.65'
FND NAIL 0-
S76011'00"tv 366.00' (R)
h� PER 8913 w
SET NO. 6 13 TH STREET
0
c �.
b DETAIL NOT TO SCALE.
b ,
!'ROOF OVERNANC,
Z•� FE1VC E _.. I. Q� yr ._...__�..J fL' __._.� ""•i �� �
�N76'11'07"E 141.85'` [1�'OVER
HED WALL ENCROACH S ( 0'
PROPERTY
�» LINE