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H1. Conditional Use Permit - Sparrows NestPLANNING FOR THE FUTURE M'ONT"A REPORT TO: Doug Russell, City Manager FROM: Jarod Nygren, Senior Planner Planning Department 201 1" Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kalispell.com/planning SUBJECT: KCU-16-01 — Conditional Use Permit (CUP) Community Residential Facility MEETING DATE: May 2, 2016 BACKGROUND: This is a request by Sparrow's Nest of Northwest Montana, for a conditional use permit for a Type 1 community residential facility (group home) within the RA-1 (Residential Apartment) Zoning District. Community residential facilities are permitted within the RA-1 Zoning District provided a conditional use permit is obtained per Section 27.09.030 of the Kalispell Zoning Ordinance. The community residential facility would provide a home for eight (8) unaccompanied homeless high school students with an adult 24-hour onsite manager. The property is located at 204 7th Avenue West in Kalispell. The property can be legally described as Lot 7 of Block 161, Kalispell Townsite Company's Addition, located in Section 18, Township 28N, Range 21 W, P.M.M., Flathead County, Montana. The Kalispell Planning Board held a duly noticed public hearing April 12, 2016, to consider the application request. Staff report KCU-16-01 was presented providing details of the proposal and evaluation. Staff reported that the proposed CUP was compatible with the zoning, the growth policy, and the applicant has met the burden of proof requirements. Staff recommended that the Planning Board adopt the staff report as findings of fact and recommend to the City Council that the CUP be approved, subject to four (4) conditions. During the public comment portion of the hearing, the applicant spoke briefly regarding the CUP request. Additionally, four members from the public spoke in favor of the project and most of the audience stood up in support of the application. There being no public testimony, the public hearing was closed and a motion was presented to adopt staff report KCU-16-01 as findings of fact, and recommend to the Kalispell City Council that the CUP be approved, subject to conditions. Board discussion concluded that the CUP was appropriate, and the motion passed unanimously on roll call vote. RECOMMENDATION: It is recommended that the City Council approve Conditional Use Permit KCU-16-01, with the four (4) conditions of approval. FISCAL EFFECTS: Approval of the request would have minimal fiscal impact to the City. ALTERNATIVES: Deny the request. ATTACHMENTS: Grant of Conditional Use Letter Minutes of the April 12, 2016, Kalispell Planning Board Staff Report Application Materials c: Aimee Brunckhorst, Kalispell City Clerk 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 APPLICANT: Sparrow's Nest of Northwest Montana 55 West Brier Court Kalispell, MT 59901 (406) 309-5196 LEGAL DESCRIPTION: Lot 7 of Block 161, Kalispell Townsite Company's Addition 1, Section 18, Township 28N, Range 21 W, P.M.M., Flathead County, Montana. ZONE: Residential Apartment, RA-1 The applicant has applied to the City of Kalispell for a conditional use permit to use an existing residence (previously used as a church) as a community residential facility for eight (8) or fewer homeless high school students at 204 7th Avenue West, Kalispell, Montana in the RA-1 zoning district. The Kalispell City Planning Board and Zoning Commission, after due and proper notice, on April 12, 2016, held a public hearing on the application, took public comment and recommended the application be approved subject to four 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-16-01 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 residence as a community residential facility for eight (8) or fewer homeless high school students in the Residential Apartment, RA-1 zoning district subject to the following conditions: 1. That commencement of the approved activity must begin within 18 months from the date of authorization or that a continuous good faith effort is made to bring the project to completion. 2. Signage shall comply with Chapter 27.22 of the Kalispell Zoning Ordinance. 3. 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. 4. The development shall receive Site Review Committee approval prior to issuance of the building permit. Dated this 2nd day of May, 2016. STATE OF MONTANA M County of Flathead Mark Johnson Mayor On this day of , 2016, 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 REQUEST FOR A CONDITIONAL USE PERMIT KALISPELL PLANNING DEPARTMENT STAFF REPORT #KCU-16-01 March 21, 2016 This is a report to the Kalispell City Planning Board and Kalispell City Council regarding a request for a conditional use permit for a community residential facility (group home) for eight or fewer residents at 204 71h Avenue West. A public hearing on this matter has been scheduled before the Planning Board for April 12, 2016, beginning at 7:00 PM, in the Kalispell City Council Chambers. The Planning Board will forward a recommendation to the Kalispell City Council for final action. A. BACKGROUND INFORMATION: Owner: Sparrow's Nest of Northwest Montana 55 West Brier Court Kalispell, MT 59901 (406) 309-5196 Location: The property is located at 204 7d' Avenue West, at the southwest corner of the 7d' Avenue West and 2nd Street West intersection. The property can be legally described as Lot 7 of Block 161, Kalispell Townsite Company's Addition 1, located in Section 18, Township 28N, Range 21W, P.M.M., Flathead County, Montana. Size: The property is 50 feet wide and 142 feet deep, with an area of 7,100 square feet. Summary of Request: Sparrow's Nest of Northwest Montana is requesting a conditional use permit in order to use an existing residence (previously used as a church) as a community residential facility for eight (8) or fewer homeless high school students. Kalispell Zoning Ordinance does not recognize community residential facilities; however, the use is closely related to a group home. Group homes are permitted within the RA-1 Zoning District provided a conditional use permit is obtained per Section 27.09.030 of the Kalispell Zoning Ordinance. The community residential facility would provide a home for eight (8) unaccompanied homeless high school students with an adult 24-hour onsite manager. Sparrow's Nest of Northwest Montana is a nonprofit organization dedicated to ensuring safe, supportive housing for homeless high school students in the Flathead County. Per MCA 76-2-411, a community residential facility means: (1) a community group home for developmentally, mentally, or severely disabled persons that does not provide skilled or intermediate nursing care; (2) a youth foster home, a kinship foster home, a youth shelter care facility, a transitional living program, or youth group home as defined in 52-2-602; (3) a halfway house operated in accordance with regulations of the department of public health and human services for the rehabilitation of alcoholics or drug dependent persons; (4) a licensed adult foster family care home; or (5) an assisted living facility licensed under 50-5-227. Sparrow's Nest is proposing a community residential facility as provided in number "2" above. A community residential facility may or may not be licensed by the state and provides 24-hour care. When a 1 state license is provided 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 76-2-412 MCA). Sparrow's Nest of Northwest Montana will not be obtaining a state license in order to operate the facility. Accordingly, the protections provided in Section 76-2-412 MCA would not be applicable. Although the proposed use is not protected by state law in this case, it is operating under the same guidelines and would still be considered a single-family use. McDonald'. Alberteons e % PoNroa P. CI .. , SSA. is Ace I Kaliopell r Red lion Holel Kallapell VC SO t,Aereek-- 'y- 0toVI paVl(oadSO z Kallspell Center Mall a W Centel SV ECanter . F lalhra<l Renton .. W Centel St < A A f Appleway Or rs Len SChwnb I i !Vnler 1er Si " $ 2r W Cetl < Vat SIW Znd Slut m cc oes Won Ct W Celttef T y A £ w g �s St W = y 4 1st Sl'N 3ld t N y �2017th Ave W end St W nth St W 50. 3rd Sl W N A 5dt St W 3rd St W 3.'. � � N a g Attt St W � a. c m v IW m thS ,.W Figure 1: Vicinity Map Existing Land Use and Zoning: The property is currently developed with a single-family residence and previously operated as a church. 2 The property is located within the RA- 1(Residential Apartment) Zoning District. The Kalispell Zoning Ordinance describes the intent of this district: "A residential district intended to provide for urban areas for multi -family use and compatible non-residential uses of medium land use intensity. It should be served with all public utilities and be in close proximity to municipal services, parks, or shopping districts. The zoning district would typically be found in areas designated as urban residential or high density 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: RA-1, Single-family residences North: RA-1, Single-family residences East: RA-1, Single-family residences South: RA-1, Single-family and multi -family residences Relation to the Growth Policy: The Kalispell City Growth Policy Map designates the project site as High Density Residential, which provides the basis for the RA-1 zoning designation. The growth policy generally promotes multi -family residential and low -intensity commercial developments within the High Density Residential land use category. Single-family residential uses are also appropriate in areas where they are the historic development pattern and primary land use in the area. The neighboring properties are primarily single-family residential and per state law group homes are considered a single-family use. Therefore, the use is appropriate since group homes are considered a single-family use and the primary land use of the area is single-family. 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 REOUEST This application has been reviewed in accordance with the conditional use review criteria in the Kalispell Zoning Ordinance. 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. There is an existing building that will be used for the community residential facility that is adequate in size for the proposed use. 3 b. Height, bulk and location of the building_ The existing building is developed with a main floor and basement floor. The main floor is 3,314 square feet and the basement is 3,314 square feet. The size of the building is adequate for the proposed community residential facility. C. Adequate Access: The property has frontages on both 7th Avenue West and 2nd Street West, with an alley on the west side. 7th Avenue West and 2nd Street West are both designated as collector streets and improved to city standards. There are also city sidewalks surrounding the property on both 7th Avenue West and 2nd Street West. d. Environmental Constraints: There are no 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 does not provide for any off-street parking and because of the existing building and lot coverage there is no more room to provide for any off-street parking spaces. The church was previously a permitted use operating as nonconforming due to the lack of onsite parking. Within the last few years the church use was suspended and the use was superseded by a single-family residence, which is also a permitted use within the RA-1 Zone. When the church became a single-family residence the parking demand for the property was reduced to two (2) off-street parking spaces. Although the parking demand was decreased to single-family standards, the property is still non -conforming due to parking because two off-street parking spaces are not being provided, as would typically be required for a single-family home. Currently, the property has legal non -conforming parking status as a single-family home. State law requires that community residential facilities be considered a single-family use for zoning purposes; accordingly, no additional parking requirements should be considered. As mentioned above, Sparrow's Nest is not applying for a state license for the community residential facility. Since they are not applying for a state license the protections given by state law do not apply, meaning additional parking requirements could be placed on the property. Since the property is already built out with an existing building there is no room to add off-street parking. Staff believes the need for off-street parking is not necessary in this instance due to the property's locations on a corner lot, which provides adequate parking area. Additionally, most of the unaccompanied homeless high school students do not own a vehicle. If the student does own a vehicle they will have to abide by the house rules which will limit the locations they can park to in front of the property; therefore not impacting neighboring properties. b. Lighting: Chapter 27.26 of the Kalispell Zoning Ordinance sets standards for all outdoor lighting on commercial or residential structures. Exterior lighting installed in conjunction with the proposed use will be reviewed for compliance with the zoning ordinance. C. Traffic Circulation: The vehicular access is sufficient to and from the property via 7th Avenue West and 2nd Street West. 7th Avenue West and 2nd Street West are both designated as collector streets and improved to city standards. There is no traffic circulation on the property 11 itself. d. Open Space: The property has a small front and side yard on 7th Ave West and 2nd Street East. e. Fencing/Screening/Landscaping: The yard is landscaped with typical residential scale landscaping consisting of trees, shrubs, and lawn. f. Signage: Chapter 27.22 of the Kalispell Zoning Ordinance sets standards for the installation of signage in the city. The specific placement and size of the signage will be reviewed for conformance with these regulations. 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: 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 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: Theprimary street frontages are 7th Avenue West and 2nd Street West. 7th Avenue West and 2° Street West are both designated as collector streets and improved to city standards. h. Sidewalks: There are sidewalks along both 7th Avenue West and 2°d Street West frontages. i. Schools: This site is within the boundaries of School District #5. 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: There is not expected to be any traffic above and beyond what would typically be expected by a single-family residence. 5 b. Noise and Vibration: The use of the property as a community residential facility is not expected to generate any noise or vibrations beyond what would typically be expected from a single-family residence. House rules regarding noise will have to be followed by all the residents and are managed by a 24-hour onsite manager. C. Dust, Glare, and Heat: The use of the property as a community residential facility 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 community residential facility 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 community residential facility is operated 24-hours a day with an onsite manager. 5. Consideration of historical use patterns and recent changes: The subject property has historically been a church. As mentioned previously, the church was operating as non -conforming due to lack of any onsite parking. During church services the adjacent community would be impacted because the congregation was parking in the neighborhood. When the church use was suspended and superseded by a single-family residence, it became less of an impact on the adjacent neighborhood. The adjacent neighborhood contains a number of single-family, duplex and multi -family properties. Since community residential facilities are generally accepted as single-family uses, the proposed use is appropriate for the neighborhood and less impactful than the properties historical use as a church. The project is compatible with the existing uses in the neighborhood because it will function as a single-family home and no exterior modifications are being made that would make it incompatible with the neighborhood. 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. Although no significant negative impacts are anticipated, the property has become dilapidated in recent years and there will be significant investment into the building by Sparrow's Nest. Improving the building that is currently in disrepair should increase the value of the subject property. C. RECOMMENDATION The staff recommendation is that the Kalispell Planning Board adopt staff report #KCU-16-01 as findings of fact and recommend to the Kalispell City Council that the Conditional Use Permit be approved subject to the following conditions: D. CONDITIONS OF APPROVAL General conditions 1. That commencement of the approved activity must begin within 18 months from the date of 0 authorization or that a continuous good faith effort is made to bring the project to completion. 2. Signage shall comply with Chapter 27.22 of the Kalispell Zoning Ordinance. 3. 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. 4. The development shall receive Site Review Committee approval prior to issuance of the building permit. 7 PLANNING FOR THE FUTURE Planning Department 201 let Avenue East Kalispell, MT 59901 Phone: 1406) 758-7940 Fax: (406) 758-7739 www.kalispell.com/ planning APPLICATION FOR CONDITIONAL USE PERMIT PROPOSED USE: Community Residential Facility OWNER(S) OF RECORD: Name: —Sparrow's Nest of NW Montana Mailing Address: 55 West Brier Cow City/State/Zip: Kalispell, MT 59901 Phone: (406) 309-5196 PERSON(S) AUTHORIZED TO REPRESENT THE OWNER(S) AND TO WHOM ALL CORRESPONDENCE IS TO BE SENT: Name: Marcia Bumke Mailing Address: 55 West Brier Court City/State/Zip: Kalispell, MT 59901 Phone: (406) 249-3363 LEGAL DESCRIPTION OF PROPERTY (Refer to Property Records): Street Sec. Town- Range Address: 204 7th Avenue West No. 18 ship 28 N No. 21 W Subdivision Tract Lot Block Name: Kalispell Original Townsite N.(s). No(s). Lot 7 No. 161 Zoning District and Zoning Classification in which use is proposed: RA-1 2. Attach a plan of the affected lot which identifies the following items: a. Surrounding land uses. b. Dimensions and shape of lot. C. Topographic features of lot. d. Size(s) and location(s) of existing buildings e. Size(s) and location(s) of proposed buildings_ L Existing use(s) of structures and open areas. g. Proposed use(s) of structures and open areas. h. Existing and proposed landscaping and fencing. 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. C. Utilities. f. Screening and buffering. g. Signs, yards and other open spaces. h. Height, bulb 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 development process. a" zo Applicant Signature Date 2 KALISPELL PLANNING DEPARTMENT APPLICATION FOR CONDITIONAL USE PERMIT 1. Zoning District and Zoning Classification in which use is proposed: Sparrow's Nest of NW Montana, nonprofit organization dedicated to ensuring safe, supportive housing for unaccompanied homeless high school students in Flathead County, is requesting a Conditional Use Permit for a Type 1 Community Residential Facility to provide a home for eight (8) unaccompanied high school students at 204 7"' Avenue West in Kalispell. 2. Attach a plan of the affected lot which identifies the following items: A. Surrounding land uses: Jarod Nygren will provide this information. B. Dimensions and shape of lot: 142' x 50' = 7100 square feet Existing Lot Coverage 1 = 46.67% Lot coverage does not include existing ADA ramp and Front Entry Steps C. Topographic features of lot: Jarod Nygren will provide this information. D. Size and location of existing buildings: Existing Building Dimensions = 114' x 31' — 8" Total Existing Main Floor = 3314 square feet Total Existing Lower Floor = 3314 square feet E. Size and location of proposed buildings: No increases to the building or additional outbuildings are proposed. F. Existing use of structures and open areas: The existing building has been vacant for several years. Formerly was used as a church facility. G. Proposed use of structures and open areas: Building will be used as a home for unaccompanied homeless high school students. H. Existing and proposed landscaping and fencing: Some landscaping was done last September 2015 by the local Boy Scout troop (bushes, shrubs). Additional landscaping and replanting of grass will be done once the building remodel is completed. The back fence to the South will be redone or a hedge will be planted. I On s separate sheet of paper, discuss the following topics relative to the proposed use: A. Traffic flow and control: Most of these unaccompanied homeless high school students do not own a vehicle. There is adequate street parking of six (6) spaces on Second Avenue directly in front of the building. These parking places will be used by the staff that work at the home during different shifts. All staff and any residents owning a vehicle will park in front of the building. B. Access to and circulation within -the -property -- There is one entrance into the building on the main floor and two (2) additional entrances that can be opened from inside the building. One of these entrances has a ramp with handicap access; the other one is located in the basement of the building. C. Off street parking and loading: Most of these unaccompanied homeless high school students do not own a vehicle. There is adequate street parking of six (6) spaces on Second Avenue directly in front of the building. This will be used by the staff that work at the home during different shifts and should be no more than 3 staff vehicles at one time. There is also an alley access on the West side of the building for temporary loading and unloading if necessary. D. Refuse and service areas: Refuse cans will be placed on the street for weekly pickup as similar to the other residences in the neighborhood. The residents of the home will be using recycling methods to dispose of plastic, paper, cans, etc. E. Utilities: No new utilities are anticipated. The sewer is in place and adequate to service the project. Water services are available on site. New electric and wiring are part of the plan in remodeling. A new furnace will be installed to heat the building. F. Screening and buffering: This is a small backyard space between the building and the one neighbor to the South. This area could have a hedge planted or new fence installed as a buffer area. G. Signs, yards and other open spaces: There will be a small sign on the outside of the building identifying it as "Sparrow's Nest". The yard area around the building is very small and will have minimal use by the residents. H. Height, bulk and location mfstructures: There are currently no Out buildings nrstructures on the property and no new structures are planned oDsite. U' Location ofproposed open space uses: Asstated above, the yard around the building isasmall, limited space and will have minimal use by the residents. There are nearby parks and schools for outdoor recreational use. J. Hours and manner mfoperation: The hours of operation will be a standard single family home Of 24 hours a day, seven days a week. This will be a home to a rnmximnurn of eight (0) high school students. There will be 24 hour adult qualified staff on site 365 days a year. There will be strict curfews and house rules by which the students must follow. See attached document. K. Noise, light, dust, odors, fumes and vibration: The neighborhood has high density residential zoning. The proposed use btofunction as single family home; therefore, should becompatible with the surrounding neighborhood. With the strict curfews and house rules in place, there should be no more noise and light issues than the other homes and facilities inthe surrounding neighborhood. Now -row s Nest oof Northwest Montana Dedicated to ensuring safe and supportive housing for 11 * P ROW 1� \11 ST homeless high school students in Flathead County Kalispell House Rules - Must be enrolled in High School and commit to school obligations and regular attendance. - Must voluntarily reside within home. - Must abstain from use, possession, or trafficking of illegal substances, drugs, alcohol, or firearms. - Attend mandatory Life Skills Classes. - Required to take part in housekeeping and chores. - Required to attend and participate in all house meetings. - Must provide copy of valid driver's license and proof of insurance if currently have or will obtain a vehicle. - If resident has a vehicle they are to park in front of the house on 2nd Street West. - Decorating or altering of rooms will be discussed with staff. - Adherence to curfew stated in the Kalispell Municipal Code. ASSESSOR #0014041 NORTH MAP SECTION 18, Tz8N., R.21w. Kalispell Original Townsite, Lot 7, Block 161 Subject Property �- - _ if •„ °'�` ': --; _. -__ ,.ir„� � .. _;-t �'' •. ., 204 7th Ave W. • 1 4 i ' -s o . ilk ° i • '�. ° • y409s r � w bt ` .,. r�. - 1 - ° °' -4• V� •c - - r, w • �� : 1� 9-7 �.. T _ Date: March 22nd, 2016 Kalispell Planning Dept. F 1ePathA\2016\jarod\03222016 0 180 360 Feet scalun saccLnJ um�ansKay. �o�na15NA N01 o3n55i payow 7 pas. 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Tom Jentz, Jarod Nygren and PJ Sorensen represented the Kalispell Planning Department. APPROVAL OF MINUTES Lorch moved and Pesola seconded a motion to approve the minutes of the March 8 2016 meeting of the_ Kalispell City Planning Board and Zoning Commission. VOTE BY ACCLAMATION The motion passed unanimously on a vote by acclamation. PUBLIC COMMENT None. SPARROW'S NEST A request by Sparrow's Nest of Northwest Montana, for a COMMUNITY RESIDENTIAL conditional use permit for a Type 1 community residential facility FACILITY (group home) within the RA-1 (Residential Apartment) Zoning District. The property is located at 204 7t' Avenue West. STAFF REPORT Jarod Nygren, representing the Kalispell Planning Department reviewed the staff report for the board. Nygren noted that community residential facilities are permitted provided a commercial use permit is obtained. This facility would provide a home for eight homeless high school students with an adult 24 hour on -site manager. Nygren reviewed the location of the property, zoning & surrounding zoning, the historical use of the property, and a review of the site. Nygren added when used by the church no additional on -site parking was required and there is not any space on the property where additional on -site parking could be located. The building is approximately 6600 square feet, with a main floor and basement which Nygren reviewed. One letter was received which discusses the proposed land use and the negative impacts on the surrounding community (copy attached). Nygren noted that the Sparrow's Nest team has conducted outreach to the neighbors letting them know what is proposed for the building. Nygren said typically group homes are statutorily protected by state law, however this use will not be licensed and was reviewed by staff as a single-family home. No additional requirements will Kalispell City Planning Board Minutes of the meeting of May 10, 2016 Page I 1 be placed on this use. Staff recommends that the Kalispell Planning & Zoning Commission adopt staff report #KCU-16-01 as findings of fact and recommend to the Kalispell City Council that the conditional use permit be approved subject to the four conditions in staff report. BOARD DISCUSSION Young noted the staff report indicates that there will be no impact on sewer services and shouldn't it say that the city has adequate capacity and Nygren said it doesn't have an impact because there is adequate capacity for a single-family use. Jentz clarified single- family residences can have 8-10 individuals which would be - similar -to -this use. Graham noted the letter in opposition talks about the city taking responsibility and asked what are they referring to? Jentz said perhaps this person does not quite understand the process that we go through with a conditional use permit and is frustrated with a change in the neighborhood. Jentz added there is nothing usual about this application. PUBLIC HEARING Jerramy Dear-Ruel — Executive Director of Sparrow's Nest of Northwest Montana stated according to the National Center of Homeless Education 1.2 million public school children are homeless nationwide. There are approximately 2,640 homeless students in Montana during the 2013-2014 school years. Research shows 75% of homeless high school students drop out of school. Sparrow's Nest is an organization in Flathead County that works with the community to ensure that unaccompanied homeless high school students have a safe place to sleep at night and to graduate from high school and become productive contributing members of the community. Dear-Ruel provided history of the property for the board and he noted that they have received tremendous support from the community. John Constenius, J. Constenius Architects, South Whitefish, stated he was pleased to be approached by the Sparrow's Nest to assist them with the design of their facility. This type of facility is needed in the community and he and his wife know first-hand, having taken in a teenage boy for three years who was in desperate straits so when they came to him he felt the need and calling to step forward. Constenius provided additional information on the building and how they intend to improve it so it fits in the neighborhood, and details of the floor plan. He concluded it is designed to be a safe and secure place and also a place where the occupants live in a Kalispell City Planning Board Minutes of the meeting of May 10, 2016 Page 12 regulated manner and under the supervision of a staff member. Alan Ruby, 320 Hilltop Avenue, Kalispell stated over 40 years ago he was briefly homeless and because of the kindness of strangers it made a big difference to him, so he can understand this need. Marcie Bumke spoke to their Rotary a year ago, and he can tell she has touched a lot of people's lives. Certainly she touched his and he committed that morning to join the sleep -in which was in December. It also brought back memories that he would have liked suppressed. Eight to nine years ago his son had a friend who would come over to their house almost every night for dinner and he came to find out that this young man was homeless because his parents weren't getting along and he was couch surfing and he would catch a meal here and there. Ruby said when he found out how pervasive this was and he heard Marcie speak he thought this is something where the community can make a difference. They helped raise money and awareness and look where we are today. They have an extension of the Samaritan House in his neighborhood where Northridge Lutheran Church decided to use part of their facility to house a homeless family under very strict guidelines and Ruby he understands might be the very same ones or at least similar ones that the Sparrow's Nest might use at this facility. There have been no negative repercussions in his neighborhood, and in fact it has only been positive. Ruby beseeched this board to recommend approval of the conditional use permit that would allow this homegrown community solution to a very real problem in our community. We can make a difference. Rick Weaver, 276 Cardinal Lane stated they have also met some of the kids who would be considered homeless and he can say that most of the kids are homeless through no fault of their own. If you want to hold someone responsible, hold their family or adults who are supposed to be helping those kids get through life. This would be a safe haven for the kids to go to. These are not trouble kids that have been kicked out of their homes, they have been booted out of their house because their parents have had problems and they are good kids. Weaver said that he grew up on 7th Avenue West, before the church was built in 1970, and within one block of their house they had two neighbors who had more than eight kids and neither house was 6000 square feet, in fact he is sure they were about 1200 square feet with only one bathroom. Knowing some of the kids that have gone through this problem he doesn't see it being a trouble spot for the neighborhood on 7th Avenue West. Kalispell City Planning Board Minutes of the meeting of May 10, 2016 Page 13 Marcie Bumke, 55 West Brier Court, Kalispell, Chairperson for Sparrow's West, Northwest Montana thanked everyone in attendance and asked all who are in support of Sparrow's Nest to stand. Only one person in the room of approximately 50 people did not stand up. MOTION Lorch moved and Kauffman seconded a motion to adopt Staff Report KCU-16-01 as findings of fact and recommend to the Kalispell City Council that the conditional use permit be approved subject to the four conditions in staff report. BOARD DISCUSSION Karlene Osorio-Khor said one of the very first meetings she attended as a member of this board was a group home for the Montana —Academy and -there were -neighbor$ who -were -concerned and worried about what this would mean to their neighborhood, which was very little. Neighbors became neighborly and did not see a threat by these young people living there. Sparrow's Nest would serve the entire community and it is sad that our children are sometimes expendable and this effort will make certain that they are not expendable, that we as a community want to address this problem, and she applauds the founder and all of the people who worked so hard and she will heartily vote to approve this conditional use permit. It is really needed and she is glad to see this project move forward. Pesola said he would also like to reiterate what Ms. Osorio-Khor said and he thinks that Marcie and the rest of the crew have done a phenomenal job with a program that is well needed in our community and beyond. You are doing a great job and the location of this property is will facilitate kids being able to continue going to school without transportation. He thanked the Tanko family for donating the building and thank you for seeing a need and filling it. There is an old saying that says "It takes a village" and he is glad to be able to vote in support of this organization and this facility. Graham also agreed with Ms. Osorio-Khor in that several years ago the board reviewed a couple of the Montana Academy group homes and there were a lot of concerns when they came through and no problems came up. He sees this as a benefit to this area and he commends Ms. Bumke and everyone who has worked so hard. Graham asked for the objective of the program and Dean-Ruel said the objective is to assist them to graduate, and they would not live there indefinitely. After graduation they will hook the kids up with community resources for college or help them land a good job. There is some discussion to set them up with apartments in the future. Graham asked the youngest age of the kids who would live Kalispell City Planning Board Minutes of the meeting of May 10, 2016 Page 14 and Dean-Ruel said high school age, 14-15 on up, and the length of stay would be on a case -by -case basis. The main point is to try and get parental or guardian consent for them to be at the house and if all of the options with family are exhausted then they would refer them to Child Protective Services. Lorch said he doesn't want to be dismissive as a board of the gentleman who wrote the letter with some obvious real concerns and he hopes that this person has had the opportunity to see the support of the community. Lorch said he would fully expect that the Sparrow's Nest organization is going to be a good neighbor and hopefully reach out, and if there are any major problems that there will be a conversation between neighbors. ROLL CALL I The motion passed unanimously, on a roll call vote. ZONING ORDINANCE TEXT A request from the City of Kalispell for a series of updates to the AMENDMENTS zoning ordinance. Every few years, the City initiates a set of text amendments to improve wording, clarify sections of the ordinance where needed, to address new technologies and changes in the community and to keep the ordinance operating in an effective, user-friendly manner. STAFF REPORT I PJ Sorensen, representing the Kalispell Planning Department reviewed staff report #KZTA-16-02 for the board. Sorensen reviewed the following amendments: (Additional information can be reviewed in the staff report on the city's website) 1) Increase maximum heights in all H, 13, I and P zones from 40 feet to a proposed 60 feet and providing for a conditional use permit for heights above 60 feet; 2) Increase the maximum height in the RA-1 zone from 35 feet to 40 feet; 3) Eliminate the current CUP requirements for additional height; 4) Reducing certain accessory structure setbacks when the structure is located to the rear of the primary building; There was some discussion regarding the possibility of allowing two structures meeting on the property line, with 0 setbacks and Sorensen said building codes would take care of most of these issues. Lorch asked for further clarification, which Sorensen provided. Sorensen added in the older part of town there are hundreds if not thousands of non -conforming accessory structures in the back yard and this change would allow owners to do major repairs Kalispell City Planning Board Minutes of the meeting of May 10, 2016 Page 15 without the previous need to tear down the structure and move it back 5 feet to meet the setback. Further discussion was held. 5) Clarify the ability to co -locate cellular service antennae; 6) Clarifying size requirements for site built as opposed to manufactured homes; 7) Reducing the required parking for multi -family dwellings from 2 spaces to 1.5 spaces per unit; 8) Clarify existing language within the off-street parking design chapter to provide -more consistency; 9) Change the measurement line for site lighting from the right-of- way line to the curb line; 10) Changing the responsibility of providing property ownership lists from the applicant to the City; 11) Explicitly including doggie day-care within the definition of kennels; 12) Reduce parking requirement for Core Area Zone by 50%; 13) New regulations pertaining to VRBO and similar uses in residential zones; • Sorensen reported they researched how VRBO's are handled in Whitefish and in Colorado and borrowed a lot of language from the Whitefish ordinance that they had just adopted. Staff also considered the comments and concerns that the board had and what staff took from that work session is that they were comfortable in allowing VRBO's if there was an administrative conditional use permit and certain restrictions were in place. Sorensen reviewed the proposed changes. There was discussion regarding the posting of a contact person's name and phone # on the outside of the VRBO to handle any issues that may come up. Osorio-Khor asked if the VRBO's would be located in residential areas or in commercial areas and Sorensen said residential areas. She said the reservations are usually placed through the internet and a requirement is that there be a number for 24 hour contact. Is this posting of the contact information for the neighbors or the renters and Kalispell City Planning Board Minutes of the meeting of May 10, 2016 Page 16 Lorch said for the neighbors? Lorch noted staff did a good job addressing the concerns of the board regarding VRBO's 14) Expanding allowed microbrewery uses to include wineries, distilleries, and tasting rooms; and 15) Clarify existing language relating to casinos. PUBLIC HEARING No one wished to speak and the public hearing was closed. MOTION Kauffman moved and Pesola seconded a motion to adopt Staff Report #KZTA-16-01 as findings of fact and recommend to the Kalispell City Council that the proposed amendments be adopted as provided in the staff report. BOARD DISCUSSION Young agreed staff did a good job on these amendments. Jentz noted he had just attended a conference that specifically addressed VRBO's and he shared what he learned with the board. Additional discussion was held regarding enforcement. Osorio-Khor noted when properties do not fulfill the promise of how they are advertised they do get rating on the internet sites and people will just not rent them anymore, which is a type of self - regulation. She feels that VRBO standards in place for the business districts should be the same for these businesses in residential districts. ROLL CALL The motion passed unanimously, on a roll call vote. OLD BUSINESS: SOUTH KALISPELL URBAN CTA Architects was hired to update the South Kalispell Urban RENEWAL PLAN Renewal Plan. The urban renewal plan was first adopted in 1996 and addressed a host of issues, many of which have been accomplished. CTA has now completed the plan update. The plan contains an executive summary, a series of recommendations for the South Kalispell area and provides 5 different scenarios for the future of the airport property. The 5 scenarios include keeping the airport and management as it is today using city funding to maintain the operational status of the airport, closing the airport, requesting FAA funding for the airport, incorporation of the airport property into an Airport Authority and finally privatizing the airport. The plan boundary is generally bound by 181h Street to the north, Cemetery Road to the south, Airport Road to the West and U.S. 93 to the east. Kalispell City Planning Board Minutes of the meeting of May 10, 2016 Page 17 STAFF REPORT & BOARD Tom Jentz, representing the Kalispell Planning Department DISCUSSION provided an overview of the planning process to -date and the board's modifications that have been incorporated into the South Kalispell Urban Renewal Plan. • The depreciation that was shown on Page 25, Figure 15 was moved to the Appendix for ease of the reader. • Alternative 2, Page 30, specifically spoke to if the airport was closed. The consultants went through and verified their numbers to buyout those leases and decommission the airport which is $3.1 million. • Alternative 3, page 34, which was to keep the airport as it is but to seek FAA funding for basic improvements -necessary to- keep the airport open --as a B-1 airport. The option of seeking FAA funding is not realistic at this point. Young asked why the funding was taken out of the report as he thought the change would clarify that the 13-1 airport was taken off the table because of the referendum but the table would be a way to look at what the costs would be for improvements to a B-2 airport. Jentz noted the Pro Forma for Alternative 3 is on page 73 of the Appendix. Further discussion was held. There was lengthy discussion on the plan being focused on the airport, and material that was gathered prior to the referendum and Lorch and Osorio-Khor felt it was not complete. Young and Kauffman also agreed. Graham noted that the board's job is not to go through the plan in detail and select a viable option but to decide if this study falls within the parameters of the growth policy. Jentz said the consultant was tasked with looking at the South Kalispell area and developing five scenarios for the airport. Jentz noted that the airport is a key component in what happens in the rest of South Kalispell. Council will ultimately make a decision of what scenario to select. Jentz added the consultants prepared the plan based on the scope of work that was provided to them and he feels that was accomplished. The board is now charged with making a recommendation to the city council on whether or not to adopt the plan. Osorio-Khor stated that she cannot support the plan, and she will be voting against it. Further discussion was held on areas that the plan is lacking, extending the leases at the airport in a effort to reduce the amount of buy back, the TIF district v. the plan area, the airport options, and the process from this point. Kalispell City Planning Board Minutes of the meeting of May 10, 2016 Page 18 Jentz reminded the board that this is not a brand new South Kalispell Renewal Plan, the original document was written in 1996, had 5 points and the focus of the plan was to remove the athletic facilities from around the airport and use those lands to develop and redevelop for commercial uses, which it did and the proceeds from all those sales were reinvested back into the airport. Now we are at a point that we are updating an existing plan, focused on what to do with the TIF monies and what to do with the airport. The area was expanded to all of South Kalispell to try and benefit from having a consultant who was already looking at the airport. Kauffman noted there is a typo on page 18 that states the Libby airport is 48 miles awl from the Kalispell _C_ity Airport which is much further. Jentz noted staff would take a look at that. Lorch noted on page 16, bottom left states: Alternative 3 was explored as ARC BI standard improvements option but the FAA indicated funding would not be available... Lorch suggested that the wording be changed to stronger language such as funding cannot be available. Jentz said the statement was correct and explained the staff was in contact with the FAA, however the contractor was not and they explored it as far as they could. Lorch said it should say the same thing throughout. Osorio-Khor asked if there was any interest from the board in taking this back to a work session and do some more work on it and Graham said no because the work that she is suggesting is outside the scope of what the city council told this engineer to do. QUESTION & ROLL CALL The vote to discontinue discussion and approve the motion was approved on a roll call vote of 5 in favor and 2 opposed. The board recommends to the city council that the April 2016 South Kalispell Urban Renewal Plan is found to comply with the Kalispell Growth Policy and should be forwarded onto the city council for final consideration and action. The motion was approved on a roll call vote of 5 in favor and 2 opposed. NEW BUSINESS: Jentz noted there will be meeting on a CUP for several townhouses on Northwest Lane near the middle school; an agency exemption from FVCC for student housing on campus; and a work session on the courthouse couplet on May 10, 2016. The meeting will begin at 7:00 p.m. President Graham presented a certificate to Matt Regier for his service on the planning board. He thanked him for his service. Osorio-Khor stated she feels that Mr. Regier has served the board very well and she personally has appreciated his work and his Kalispell City Planning Board Minutes of the meeting of May 10, 2016 Page 19 reasonable approach to planning. She thanked all board members and Tom Jentz for affording her this opportunity to serve on the board via teleconference. ADJOURNMENT The meeting adjourned at approximately 9:30 p.m. NEXT MEETING The next regular planning board meeting is scheduled for May 10, 2016 beginning at 7:00 p.m. and located in the Kalispell City Council Chambers, 201 1"Avenue East, Kalispell. Chad Graham President APPROVED as submitted/corrected: / /16 Michelle Anderson Recording Secretary Kalispell City Planning Board Minutes of the meeting of May 10, 2016 Page 1 10