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14. Markley Personal Care Facility - Conditional Use PermitCity of Kalispell P. O. Box 1997 Kalispell, Montana 59903-1997 GRANT OF CONDITIONAL USE APPLICANT: Ron and Claudia Cattron ADDRESS: 1812 S. Woodland Drive Kalispell, MT 59901 LEGAL DESCRIPTION: Lot 4 of Liberty Village Subdivision located in Section 12, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana OWNER: Jack and Viola Markley P. O. Box 1433 Kalispell, MT 59903-1433 ZONE: Low Density Residential Apartment, RA-1 Ron and Claudia Cattron, on behalf of Jack and Viola Markley, applied to the City of Kalispell for a conditional use permit to allow the construction of a personal care facility on the property described above. The Kalispell City -County Planning Board and Zoning Commission, after due and proper notice, on May 14, 1996 held a public hearing on the application, took public comment and recommended that the application be approved subject to eight 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-96-4 as the Council's findings of fact, and issues and grants to the above -described real property a conditional use permit to allow the construction of a personal care facility subject to the following conditions: SECTION I. 1. That the development of the site will be in substantial conformance with the approved site plan. The approved site plan shall govern the general location of the building, parking, landscaping, and roadways as shown on Exhibit 1. 2. A minimum of five parking spaces shall be provided for the facility, one of which shall be handicapped. The parking lot shall be paved and the parking spaces striped and the handicapped space signed. 3. Placement and location of the solid waste receptacles for pick-up shall be coordinated with the City Public Works Department. 4. A storm water drainage plan which adequately contains storm water runoff and detention shall be approved by the Kalispell Public Works Department. 5. Landscaping in the form of a mix of coniferous and deciduous trees and shrubs, grass and other natural materials shall be provided along the perimeter of the property. 6. The facility shall be licensed in accordance with the requirements of the State of Montana for personal care facilities, a copy of which shall be submitted to the Flathead Regional Development Office for filing. 7. All of the conditions of this conditional use permit shall be met prior to the issuance of a certificate of occupancy by the Kalispell Building Department. SECTION II. The conditional use permit, herein granted, shall terminate 18 months from the date of issuance if commencement of the authorized activity has not begun. Dated this day of 2 1996. Douglas D. Rauthe, Mayor STATE OF MONTANA } : ss County of Flathead } On this day of If1996, 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 �' •�,�� • .. '�►' R . ' Qom* • 'uj- im L IBE0.ry S-reCET Flathead Regional Development Office Room Kalispell, Montana 59901 May 22, 1996 Al Thelen, Interim City Manager City of Kalispell P.O. Drawer 1997 Kalispell, MT 59903 Re: Ron and Claudia Cattron - Conditional Use Permit for a Personal Care Facility Dear Al: Phone: (406) 758-5980 Fax: (406) 758-5781 The Kalispell City -County Planning Board and Zoning Commission held a public hearing at their regular meeting of May 14, 1996 at 7:00 p.m. in Kalispell City Council Chambers on the following agenda item: A request by Ron and Claudia Cattron on behalf of Jack and Viola Markley for a conditional use permit to allow a ten room personal care facility located on property zoned RA-1, a Low Density Residential Apartment zoning district which allows personal care facilities as a conditionally permitted use. The property is located on the north side of Liberty Street and contains approximately .488 of an acre. The property can be further described as Lot 4 of Liberty Village located in Section 12, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana. A staff report was presented by Narda Wilson of the Flathead Regional Development Office who recommended approval of the proposal subject to eight conditions. She noted there are drainage problems in this area and that the City Public Works Department should approve their drainage plan. She also noted that the Public Works Department has proposed money in their budget to do a study of the Bowsers Spring Creek drainage which should include this area. The proposal appears to be compatible with other residential development in the area and would fill a need in the community. At the public hearing, the Cattrons spoke in favor of the proposal and described the assisted living facility for elderly people in good health. Gerold Maxfield of Beehive Homes stated this is one of many personal care facilities that they have established which are successful and work well in a neighborhood setting. Barb Klukan, real estate agent, stating they the Cattrons had been looking for a piece of property close to services for some time, and this appeared to be ideal for many reasons. The Board discussed the proposal and agreed that there was a need in the community. They also noted that the facility would not further strain Russell School's capacity. Providing Community Planning Assistance To: • Flathead County • City of Columbia Falls • City of Kalispell • City of Whitefish • Al Thelen, Interim City Manager Cattron Condition Use Permit Page 2 The Planning Board adopted FRDO Report #KCU-96-04 as findings of fact and voted unanimously to recommend to the Council that the conditional use permit be granted with the recommended conditions. Attachment A lists the conditions of approval as recommended by the Planning Board. This recommendation is forwarded to City Council for the May 28, 1996 work session and subsequent June 3, 1996 regular City Council meeting for final action on the conditional use permit. Please contact this Commission or Narda Wilson at the Flathead Regional Development Office if you have any questions. Respectfully submitted, KELL CITY -COUNTY PLANNING BOARD AND ZONING COMMISSION Therese Fox Hash President TFH/NW/dh Attachments: Attachment A FRDO Report #KCU-96-04 and packet Draft minutes from the 5/14/96 Planning Board meeting cw/AAtt. A: Ron and Claudia Cattron, 1812 S. Woodland Dr., Kalispell 59901 Jack and Viola Markley, P.O. Box 1433, Kalispell 59901 \ ... \ 1996\KCU96-4. TRM ATTACHMENT A CONDITIONS OF APPROVAL FOR CATTRON CONDITIONAL USE PERMIT It is recommended that the Kalispell City -County Planning Board and Zoning Commission adopt staff report #KCU-96-4 as findings of fact and recommend that the City Council grant the Conditional Use Permit, subject to the following conditions: 1. That the development of the site will be in substantial conformance with the approved site plan. The approved site plan shall govern the general location of the building, parking, landscaping, and roadways as shown on Exhibit 1. 2. A minimum of five parking spaces shall be provided for the facility, one of which shall be handicapped. The parking lot shall be paved and the parking spaces striped and the handicapped space signed. 3. Placement and location of the solid waste receptacles for pick-up shall be coordinated with the City Public Works Department. 4. A storm water drainage plan which adequately contains storm water runoff and detention shall be approved by the Kalispell Public Works Department. 5. Landscaping in the form of a mix of coniferous and deciduous trees and shrubs, grass and other natural materials shall be provided along the perimeter of the property. 6. The facility shall be licensed in accordance with the requirements of the State of Montana for personal care facilities, a copy of which shall be submitted to the Flathead Regional Development Office for filing. 7. All of the conditions of this conditional use permit shall be met prior to the issuance of a certificate of occupancy by the Kalispell Building Department. 8. The conditional use permit shall terminate 18 months from date of issuance if commencement of the authorized activity has not begun. H: \... \KCU96-04. TRM +y ' i lu 53 14 L I SE 4ry Sr j=E Y J 'IX L l Se Ary S-rk gE 7- FLATHEAD REGIONAL DEVELOPMENT OFFICE CONDITIONAL USE PERMIT STAFF REPORT I CU-96-4 RON AND CLAUDIA CA ON on behalf of JACK AND VIOLA MARKLEY MAY 6, 1996 A report to the Kalispell City -County Planning Board and Zoning Commission and the City Council regarding a request by Ron and Claudia Cattron on behalf of Jack and Viola Markley for a Conditional Use Permit to construct a personal care facility in an RA-1 zoning district. A public hearing before the Planning Board has been scheduled for May 14, 1996, with a recommendation to be forwarded to the Kalispell City Council for final action. "'P px� BACKGROUND INFORMATION A. Owner/ Applicant: Jack and Viola Markley P.O. Box 1433 Kalispell, MT 59901-1433 Ron and Claudia Cattron 1812 S. Woodland Drive Kalispell, MT 59901 (406)752-4980 B. Size and Location: The property is located one lot east of the northeast corner of Kinshella Avenue and Liberty Street, approximately one half mile west of Meridian Road in Kalispell. The parcel contains 0.448 of an acre or 21,257 square feet. The property can be described as Lot 4 of Liberty Village Subdivision located in Section 12, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana. C. Nature of Request: This is a request to allow the construction of a personal care facility to accommodate up to ten elderly people. The building will be single story and contain approximately 4,448 square feet with a building height of approximately 16 feet. The facility will be licensed by the State of Montana as a "Personal Care Facility for the Elderly. " The home will be staffed by trained personnel to assist the residents in their daily living. These services would include assistance with personal hygiene, meals, transportation to medical and it Ct, .' n:. i'L _lip: i' ., v ✓ia .. .. 1.... i 12 dental appowUwnts, laundry and housekeeping while encouraging tba residents to F. EAgting Zoning and Land Use: Tlib property is zoned RA-1, a Low Density Residential Apartment di rict which allows personal care facilities as a conditionally permitted use. A personal care facility is defted in the Kalispell Zoning Ordinance ut der Section 27.37.010(167) as "A residential health facility licensed by the State of Montana which provides non -skilled personal care services including meals, bathing and mobility assistance on a 24 hour basis." Currently this property is undeveloped. There is a sidewalk and two curb cuts along Liberty Street. E. Surroanding Land Use and Zoning: North: Directly to the north is County R-1 zoning and City R-4. Three Mile Farm Country Townhomes, a residential townhouse PUD, was approved in August of 1993 for a period of one year. A subsequent extension was granted which will be valid until August 16, 1996. South: City RA-1 zoning is to the south with some large multi -family apartment buildings and an undeveloped parcel to the west. East: City RA-1 zoning is to the east with some duplexes, four-plexes and other low density apartment buildings. West: Borderiag this property to the west is City RA-1 zoning and the property recently reviewed by the Planning Board for additional multi -family units which was approved by the City Council in April of 1996. Beyond Ow is the Kalispell city limits and a large parcel of undeveloped property zoned County R-1. F. Master Plan Designation: The Master Plan designates the area north of Liberty Street as Urban Residential with a maximum density of eight dwelling units per acre and the area south of Liberty Street as High Density Residential with a maximum density of eight to 40 units per acre. The exact location of this property is in a transitional area between the two land use designations. With a ratio of approximately 14 dwelling units per acre, this proposal can be considered to be in substantial compliance with the Master Plan. 2 G. Utilities/Services: Sewer and sewer: Solid Waste: Gas: Electric: Phone: Police: Fire: Schools: H. Evaluation of the Request: 1. Site Suitability: City of Kalispell City of Kalispell Montana Power Company Pacific Power (underground) PTI (underground) City of Kalispell City of Kalispell School District #5 a. Adequate Useable Space: Lot 4 of Liberty Village Subdivision contains approximately 21,257 square feet. The RA-1 district requires a minimum of 6,000 square feet for a duplex, plus an additional 3,000 square feet per unit beyond that. This will be a single dwelling containing ten rooms and a total of 4,448 square feet. The maximum lot coverage permitted in the RA-1 zoning district is 40 percent. The proposed lot coverage is approximately 21 percent, well within the allowable limits. b. Adequate Access: Access to the property will be directly from Liberty Street, a two-lane paved City street. There are two existing curb cuts currently at the site. Judging from the site plan, it appears that the curb cut to the west will be used for access. Currently there is a sidewalk along Liberty Street in front of this property. According to the application, additional sidewalks will be provided around the building for adequate safety and access. C. Environmental Constraints: Because of the natural slope to the north, there are potential problems with drainage in this area. However, most of the drainage problems lie one lot further to the west along Kinshella Avenue which is handled by means of a drainage Swale which runs north and south. Additionally, water tends to pond at the end of Liberty Street on occasion when runoff becomes heavy. Attempts to address this problem have been made by installing a drain at the end of Liberty Street. Attempts are being made to address the drainage problems in this area and to correct the deficiencies with the drain at the end of Liberty. 3 It would be appropriate for the applicants to submit a drainage plan to the Kalispell Public Works Department for approval showing that arty off from the development of this property will be adequately contained on -site. a. d 'enlaon: A one sttory building Conmining ten bedrooms would be placed facing sown. A porch along the south side of the entrance will be constructed with the garage and parking along the west side of the building . The site plan indicates a 25 foot setback along the front of the property. 15 ,feet along the east side, 40 feet along the west side and 48 feet in the rear. All of these setbacks are in compliance with the requirements for the RA-1 zoning district. b. Far 'g 5ch me: Section 27.26.050(26) of the Kalispell Z=4 Ordinance requires 0.5 space per dwelling or lodging unit where 90 percent of the units are occupied by persons 60 years of age or older. The site plan indicates two parking spaces in the garage and an additional four parking spaces to the north for a total of six parking spaces. This is one is excess of that which is required under the zoning ordinance. C. 7'ran Circ anion: Traffic will enter the property along the west side of the property from Liberty Street to the garage and parking lot. It appears there is adequate back-up space for vehicles to maneuver in the area. Parking spaces should be a minimum of nine feet by 20 feet with 23 feet of back-up space. Naturally, consideration should be given to providing adequate handicapped par - d. Opea SRace: Setbacks provide some open space on the parcel with a five foot buffer between the paring spaces and the property boundary and with the required building setbacks. Additional landscaping is shown on the property in the setback areas with a lawn to the north in the rear yard and in the front. No additional specific open space requirements are required. e. FtncirYafScree fi-a? irna: Some landscaping along the property boundaries has been indicated as required. No specific landscaping is required under the zoning regulations. f. Sin a e: One sign is proposed which identifies the name of the facility and street address which will be attached to the building. Because this is not a multi -family dwelling and is a residential use, the sign allowame would be restricted to one square foot. 4 3. Availability of Public Services/Facilities: a,Schools: This development is within the boundaries of School District #5. However, no impact on the school district can be anticipated as a result of this use. b. Parks and Recreation: City park facilities are approximately 1,200 feet to the east of this property on the northwest corner of Hawthorne Avenue and Liberty Street, Hawthorne Park. Park facilities are adequate and this development should create minimal impact. C. Police: The Kalispell Police Department can adequately respond to emergency situations at the complex. d. Fire Protection: Fire protection will be provided by the Kalispell Fire Department who have reviewed this proposal and believe they could provide adequate service in the case of a fire. e. Water: City water will be provided to the units by way of a water main which is located in Liberty Street and has adequate capacity to serve the additional units. f. Sewer: A City sewer main runs along Liberty Street and can provide adequate service to the facility. g. Solid Waste: The City of Kalispell will provide solid waste pick-up for the facility. Location of the receptacle should be coordinated with the City Public Works Department. h. Roads: Minimal additional traffic can be anticipated to be generated from this use onto Liberty Street and Meridian. Any additional traffic which will be generated will be able to be accommodated with the existing roadways. 4. Immediate Neighborhood Impact: The general character of this neighborhood is a mix of low, medium and high density apartments with some single-family homes to the east. No negative impacts to the neighborhood should result from this development with regard to traffic, compatibility of uses, noise or other impacts resulting from this residential use. 5. Immediate Neighborhood Integrity: The proposed use is conditionally permitted by the zone. This facility appears to be keeping with the mix of low, medium and high -density residential uses in the area. Although the building will be larger that a typical single- family home, it will be designed as�a residence and will not be out of character with other homes in the area. E 3. Placement and location of the solid waste receptacles for pick-up shall be coordinated with the City Public Works Department. 4. A storm water drainage plan which adequately contains storm water runoff and detention shall be approved by the Kalispell Public Works Department. 5. Landscaping in the form of a mix of coniferous and deciduous trees and shrubs, grass and other natural materials shall be provided along the perimeter of the property. 6. The facility shall be licensed in accordance with the requirements of the State of Montana for personal care facilities, a copy of which shall be submitted to the Flathead Regional Development Office for filing. 7. All of the conditions of this conditional use permit shall be met prior to the issuance of a certificate of occupancy by the Kalispell Building Department. 8. The conditional use permit shall terminate 18 months from date of issuance if commencement of the authorized activity has not begun. 7 • 'r-em i­o c Ssfs1Z BOOK 484 DEED EXHIBIT 51% 52- 3 t 6 7:1 At. Fj Na.rcr 'I 12%.00. (za 00' A' . q v -to VL LOT 5 LOT 4 LOT LOT 2 OAM ACRE 64,50 ACRE a'573 ACRE CL4 68 T 4.19, ANO N. RAW, Z? CAP -STREET 4 scmw "A Wyl, eAP V. .16 `f 15r� d'f.9 r'�:k,•,"�•. a LOT 6 Z.o,% ACRE 00 ul cr.. P A At -4 'L Zp le W GA,,bls OF SCAP-10JGS 00, RIW C'n VT lELm'REXSURE STATE l PLAZA vil 1 AD 0. ADD. N i4l C. OF S. 1'40. i5816 Zo' .VTILITY I N. eP'44!441.4r. z74-96 I d & ' 0 F * C' t;...[ 0. 1 i cl :0 7 1 4.31. 1 O• C"I . OF S. 491-24'