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HomeMy WebLinkAboutCompliance Review for Halfway (Recovery) House CUP Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Chris Kukulski, City Manager Andy Epple, Director of Planning SUBJECT: 119 South Church Avenue – Drug and Alcohol Services Halfway (“Recovery”) House CUP Zoning Application No. Z-08070 MEETING DATE: July 13, 2009 BACKGROUND: On June 16, 2008, the Commission conditionally approved a Conditional Use Permit (CUP) for a Halfway (Recovery) House to be operated at 119 South Church Avenue, under the auspices of the Gallatin County Drug and Alcohol Services. Final conditions of approval were recorded on June 25, 2008, a financial guarantee was posted to assure completion of required site improvements on June 27, 2008, and the use commenced immediately thereafter. On December 24, 2008, staff determined that the required site improvements had been completed and released the Letter of Credit. One of the conditions of approval which was added to the CUP was: “That the Conditional Use Permit be good for a period of one year upon which the Commission would review compliance with the document and our codes.” One year has passed with the Recovery House in operation. On Monday night, a representative of Gallatin County Drug and Alcohol Services will advise the Commission as to how the conditions of approval of the CUP are being complied with. To date, the Planning Department has not received any formal complaints regarding the Recovery House operation at 119 South Church Avenue. Informally, several neighbors have commented that the use has not seemed to pose any problems for the neighborhood. The property appears to be very well maintained. The Police Department has been queried and is determining whether they have needed to respond to any complaints at 119 south Church Avenue over the past 12 months. That data will be available for review by the Commission Monday night. RECOMMENDATION: Pending a favorable outcome of the Police Department search of their records, staff would recommend that the Conditional Use Permit be renewed, subject to continued compliance with all applicable conditions of approval established in CUP Application No. Z-08070, without the need for further regular review by the Commission. FISCAL EFFECTS: None identified ALTERNATIVES: As suggested by the City Commission. Report compiled: July 9, 2009 Licked Bnzenzan City Commission Miruter June 16 2008 01116Bob Chase Public Comment Mr Chase of433 South Black Avenue stated that the Police Department has responded to things that he put on record regarding his home Mr Chase spoke regarding the Story Mansion 01534Public comment closed Mayor Jacobson closed public comment 01542G Mayoral Proclamation 01545 1 National Dump the Pump Day June 19 2008 Mayor Jacobson proclaimed June 19 2008 as National Dump the Purnp Day 017522 Kids Day of Bozeman June 21 2008 Mayor Jacobsan proclaimed June 21 2008 as Kids Day of Bozeman 01926H Special Presentation Introduction of the Vandalism and Graffiti Task Force Diana Helgeson Chair 01935 Diana Helgeson Chair ofthe Vandalism and Graffiti Task Force Ms helgeson spoke regarding the Vandalism and Graffiti Task Force Ms Helgeson introduced the task force members She read the task forces Mission Statement and 4 phase goal for their project 02454I Action Items 02459 1 Halfway House Conditional Use Permit and Certificate ofAppropriateness Z08070 opened and continued from June 2 2008 and one week delay from June 9 2008 Bristor 02514Mayor Jacobson Mayor Jacobson stated that there is a motion that is an the table that has been seconded to approve the Halfway House Conditional Use Permit and Certificate ofAppropriateness 02529Amendment to the main motion to include a requirement that the applicant Alcohol and Drug Services of Gallatin County appoint a Senior Resident to be the liaison and the contact person at the house An amendment was made by Cr Krauss seconded by Cr Becker to include a requirement that the applicant Alcohol and Drug Services of Gallatin County appaint a Senior Resident to be the liaisan and the contact person at the house 02805Cr Krauss Cr Krauss called a paint oforder regarding question and answer dialog with the applicant 60 Linked flazeman Ciry CmmirssintMirutes June 16 1008 02817Mayor Jacobson Mayor Jacobson directed her comment to City Attorney Paul Luwe and explained that if the Commission is coming up with amendments she wants to make sure that the applicant agrees with them 02931 Mayor Jacobson Mayor Jacobson asked the applicant is this was an acceptable condition 02938Jan Berry Applicant Attorney Ms Berry stated yes 03115Vote on the amendment to the main motian to include a requirement that the applicant Alcohol and Drug Services of Gallatin County appoint a Senior Resident to be the liaison and the contact person at the house Those votin A e bein Crs Krauss Becker B son and Ma or Jacobson Those voting Na being none The motion carried 40 03527Amendment to the main motion that we require that there be na more than three cars associated with the facility An amendment was made by Cr Krauss seconded by Cr Becker that we require that there be no more than three cars associated with the facility 03944Ms Berry Ms Berry stated that they agree with the plan that had been done pursuant to the Conditional Use Permit which shows a total ofaround 7 parking spaces 04029Vote on the amendment to the main motion that we require that there be no more than three cars associated with the facility Those voting Ave being none Those voting No being Crs Krauss Becker Bryson and Mayor Jacobson The motion failed 04 04042Aauendment to the main motion that the Conditianal Use Permit be good for a period of one year upon which the Commission would review compliance with the document and our codes 4 61 Linker Bnzenran Ciry COillNllssiOtl Minutes June 16 2008 An amendment was made by Cr Krauss that the Conditional Use Permit be food for a eriod ofone ear u on which the Commission would review com liance with the document and our codes 04223 Cr Krauss Cr Krauss called a point of order and asked for a second to his amendment 04230Second to the amendment to the main motion that the Conditional Use Permit be good for a period of one year upon which the Commission would review compliance with the document and our codes Cr Becker seconded the amendment to the main motion that the Conditional Use Permit be good for a period of one year upon which the Commission would review compliance with the document and our codes 04340 Cr Bryson Cr Bryson spoke about waiving the fees for the review 04436A friendlyamendment to include waiving the fees associated with the review to the amendment that the Conditional Use Permit be good for a period of one year upon which the Commission would review compliance with the document and our codes A friendl amendment was made b Cr Krauss to include waivin the fees associated with the review to the amendment that the Conditional Use Permit be ood fora eriod of one veer upon which theCommission would review compliance with the document and our codes 04449 Mr Epple Mr Epple asked how the Commission would like this brought back to them As an agenda item with public notice through the normal agenda publication or a more formal notice by mailing to those within 200 feet of the residence 04620Vote on the amendment to the main motion that the Conditional Use Permit be good for a period of one year upon which the Commission would review compliance with the document and our codes friendly amendment by including waiving the fees Those voting Ave being Crs Krauss Becker Bryson and Mayor Jacobson Those voting No being none The motion carried 40 5 62 Linked Bozeman City Commission Miirutes Juue 16 7008 04633 Cr Krauss Cr Krauss stated that his motion daes nat state that the application will be brought back as an agenda item in one year 04642Mayor Jacobson Mayor Jacobson stated that she is taking her vote back 04647Motion and Vote to reconsider the amendment to the main motion that the Conditional Use Permit be good for a period of one year upon which the Commission would review compliance with the document and our codes friendly amendment by including waiving the fees It was moved b Cr B son seconded b Cr Becker to reconsider the amendment to the main motion that the Conditional Use Permit be good for a period ofone yearupon which theCommission would review compliance with the document and our codes friendly amendment by including waiving the fees Those votin A e bein Crs B son Becker and Ma or Jacobson Those voting No being Cr Krauss The motion carried 31 04737Cr Becker Cr Becker asked that the amendment that is being reconsidered be read 04745Stacy Ulrnen City Clerk Ms Ulmer read the amendment 10317Vote on the reconsidered amendment to the main motion that the Conditional Use Permit be good for a period of one year upon which the Commission would review compliance with the document and our codes friendly amendment by including waiving the fees Those votin A e bein Crs Krauss Becker and Ma or Jacobson Those votin No bein Cr B son The motion carried 31 10344Amendment to the main motion to include a requirement for a motion activated light in the back yard An amendment was made by Cr Krauss seconded by Cr Becker to the main motion to include a requirement for a motion activated light in the back yard 6 63 Linked Bnzenzpn City CmmrissivuMinutes June Ib 200 10452Cr Becker Cr Becker withdrew his second therefore the motion failed 10526Cr Becker Cr Becker urged the applicant to have a neighborhood representative on the selection Committee for the llalfway House candidates 10650Cr Krauss Cr Krauss spoke about his concerns regarding 24 hour care and density problems pertaining to the house 10923Amendment to the main motion that we accept their Alcohol and Drug Services proffer that they ensure that night staff is on site until the 11 pmcurfew and if a resident fails to make curfew the staff member will stay on site additional time to document attempt contact with the resident resident employer sponsor etc An amendment was made by Cr Krauss seconded by Cr Becker that we accent their Alcohol and Drug Services proffer that they ensure that night staff is on site until the 11 m curfew and if a resident fails to make curfew the staff member will sta on site additional time to document attem t contact with the resident resident em to er s onsor etc 11031Cr Becker Cr Becker reiterated that he seconded the amendment to the main motion 11120 Ms Ulmen Ms Ulmen read the amendment back to the Commission 11207 Vote on the amendment to the main motion that we accept their Alcohol and Drug Services proffer that they ensure that night staff is on site until the 1 I pm curfew and if a resident fails to make curfew the staff member will stay on site additional time to document attempt contact with the resident resident employer sponsor etc Those voting Ave being Crs Krauss Becker Brysonand Mayor Jacobson Those votin No bein none The motion carried 40 11219 Cr Becker Cr Becker asked that the City Clerk read all ofthe amendments 11513 Vote on the main motion to approve the Halfway House Conditional Use Permit and Certificate ofAppropriateness Z08070 with the requirements as outlined by staff and as amended 7 64 LinkedBozenzrrrr City Cmmzissinn Minutes June 16 2008 Those votin A e bein Crs B son Becker and Ma or Jacobson Those votin No bein Cr Krauss The motion carried 31 11613Break 128222 City Managers Recommended Budget Presentation for Fiscal Year 2008 2009 RosenberryKukulski 12830Anna Rosenberry Finance Director Ms Rosenberry stated that this is the first presentation and went over the significant changes to the City ManagersRecommended Budget for Fiscal Year 20082009 13520Ms Rosenberry Ms Rosenberry spoke regarding the fire station 3 general obligation bond 13801 Ms Rosenberry Ms Rosenberry spoke regarding staffing levels 14824Ms Rosenberry Ms Rosenberry spoke regarding the revenues and expenditures in the budget and what would came from the general fund reserve 15500 Ms Rosenberry Ms Rosenberry went over the funding proposals for the general fund including the public safety levies 15703Cr Bryson Cr Bryson asked about the 10000 budgeted for chairs far the new Commission meeting Rooms 20103 Ms Rosenberry Ms Rosenberry spoke regarding the priorities in the general fund 20557Ms Rosenberry Ms Rosenberry spoke regarding the street maintenance fund 20933 Ms Rosenberry Ms Rosenberry went over the funding ofthe Forestry Division and the tree maintenance assessment 21018 Cr Bryson Cr Bryson asked about tree vouchers and how they are issued 8 65