City to consider public hearing for additional beds at Fox Farm assisted living facility
Commissioners will be asked during their April 16 meeting to set a public hearing for June 4 on a request to allow an assisted living facility to increase their number of beds.
he city planning board/zoning commission were scheduled to consider a request from Park View Assisted Living for a conditional use permit to add three residents for a total of 17.
The zoning board voted in January to recommend denial of the conditional use permit.
Annaliza Koczur is the owner and operator of Park View Assisted Living at the southeast corner of 22nd Avenue Southwest and 11th Street Southwest, and west of Meadow Lark Elementary School.
City board to consider request for additional assisted living facility beds
The property is located within the R-2 single-family medium density zoning district on a 12,850-square-foot lot.
Adding three residents to increase to a total of 17 requires the applicant to request a CUP for the land use of a Type II community residential facility, according to city planning staff.
Under city code, a Type I community residential facility is one with eight or fewer individuals and a Type II facility has nine or more.
Type I facilities only require staff level approval but Type II facilities require the CUP process.
The property has been recognized as an assisted living facility since 1999 with a safety inspection certificate for eight beds.
In 2000, Donnalee’s Assisted Living Care received state licensure for up to 12 beds, according to the staff report.
In 2014, Koczur assumed ownership of the facility and received a Type I certification for a 12-bed facility.
From that time to the present, Park View Assisted Living increased to 14 beds and had a current state licensure as a Category A facility for up to 19 beds, according to the staff report.
Category A facilities provide services to residents that need limited assistance, are generally in good health, and are not a danger to themselves or others according to Montana Residential Care/Assisted Living Compendium.
The state confirmed to city staff that no additional state licensing is required for the applicant’s proposal to add three new beds, but the conditional use permit is required to allow an intensification of the Type II community residential facility from 14 to 17 residents per city code.
Reviewing CUPs is a “public decision making process to consider whether a land use not otherwise permitted by city code can fit into its locational setting without triggering specific negative impacts,” according to staff. “In order for the City Commission to consider this decision, city staff has provided as much information as possible to determine whether impacts are either reasonable or clearly negative. The applicant’s request is difficult to evaluate because the increase in beds from 14 to 17 is rather small.”
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Staff wrote in their report that there are two circumstances related to the facility’s existing operations that have caused concern for neighbors and questions from staff.
Those concerns are:
- Park View Assisted Living is next to an active student drop-off location for vehicles to drop off their students to walk to Meadow Lark Elementary School; and
- the facility receives a larger number of EMS calls than the typical single-family residences in the area.
Area residents noted the potential conflict between emergency responders and the school drop-off activity in written comment to the city before the zoning board hearing that was initially scheduled for Dec. 12.
Due to the concerns and questions, the applicant agreed to postpone the hearing to the Jan. 9 meeting to get more information.
“Because of the need to hear from the applicant and the public at the hearing itself, staff is not providing a positive or negative recommendation on this conditional use permit request,” according to staff, but they provided justifications for both approval and denial of the request. “After hearing all testimony, the commission should determine which of these justifications is most appropriate.”
The property is adjacent to single-family residences on the north, west and south.
The facility has operated at its current location next to Meadow Lark school for more than 20 years and there is a similar facility, Bluebird Assisted Living at 1101 24th Ave. S.W.
In reviewing the CUP request, staff from the city’s planning, public works and fire departments have been involved.
If the permit is approved, the applicants plan to remodel the interior space to add residential occupancy will require a building permit.
Staff has determined that state code doesn’t require fire sprinklers to be installed for the increased beds.
Staff estimates that the increased beds for the facility would have limited impact on local traffic, as most residents don’t drive, according to the applicant.
The expected increase is less than one vehicle trip during either morning or evening peak hours.
But since the facility is just south of a student drop off area for Meadow Lark, “city staff has received a large amount of input that school children might not be safe in this location as they make their way to school. Staff must note that the largest proportion of vehicle and pedestrian travel north of the property comes from nearby residents using this drop off, not from the applicant’s assisted living operation,” according to the staff report.
Staff wrote that they believe the applicant has answered all questions raised regarding employee traffic impact, facility related transit usage and nearby resident concerts about how residents are vetted and supervised.
But, the open question is that Park View Assisted Living does generate a larger than normal EMS call volume for city services.
Annual emergency responses from 2018 to end of 2023 range between 19 and 42 per year with an average of 31 responses per year during those years, according to city data.
Staff anticipates that by adding three beds, the call volume could increase, which because of the nearby school drop off area, could have a negligible or negative impact compared to the current conditions.
Koczur presented the request to Neighborhood Council 1 in October when they voted to unanimously support the project.
Since then, the council requested an additional meeting to hear from residents who were concerned about the project. That meeting was held Jan. 9 and the council changed their vote to instead recommend denial.
Area residents submitted questions about the request to city staff in the fall. Those concerns largely focused on the public notice process, number of current residents in the facility, parking requirements and state certification.
Staff said they’ve received fewer comments since the zoning board hearing was delayed, but Great Falls Public Schools sent an updated letter indicating they’d wait for more information on traffic to make a determination on whether the change would have an impact.
Brian Patrick, GFPS’ business operations manager, wrote that “our concern also lies with the ability of emergency vehicles to access the school building. The district also has concerns about any registered sex offenders who may have the option or may be living in the facility. Due to the proximity to the school building, this situation would be considered as a potential threat to our students.”
Koczur’s December letter to staff addressing their questions and neighborhood concerns, nor the staff report, address the issue of sex offenders living in the facility.
According to the Montana Sexual or Violent Offender Registry, managed by the Montana Department of Justice, there is one sex offender currently listed at the facility’s address. According to the state registry, the 2011 crime involved minors under a Utah law, and the state lists him as a low level offender.
There are six other sex offenders and 23 violent offenders listed at addresses within a one-mile radius of the facility, according to the state registry.
In her December letter, Koczur wrote that they go “through a thorough and exhaustive assessment process before introducing new residents into the Park View family and the community. This assessment includes background checks on mental well being, physical issues, social challenges i.e. criminal activity, smoking, drinking, and/or abuse of illegal substances. Throughout the resident’s stay at the facility, the staff RN observes residents closely and continuously monitors them to ensure that the residents are safe within their home. Park View doesn’t take residents based on a need for placement alone. A rigorous assessment process informs decisions. The assessment process ensures that a careful selection is made so that the resident has a high likelihood of fitting in well both at Park View and within the community. The goal is to match the correct resident with our facility so as to keep Park View and the community a happy and peaceful place for all.”
In their report, staff wrote that commissioners have to consider whether “the establishment, maintenance or operation of the zoning and conditional use will not be detrimental to, or endanger the health, safety, morals, comfort or general welfare,” and that it won’t create a new endangerment.
“The applicant has provided enough information to staff for a conclusion to be made that the applicant vets her residents, manages them appropriately, has adequate on-site parking for employees, and minimizes traffic impacts due to usage of transit. The delivery of equipment is reasonable, and there are virtually no visitors to this facility. The only issue identified by staff that is a potential cause for denial is EMS response. On this topic of concern, the applicant is not responsible for the school drop off activity to the north that has created the public safety concern expressed by nearby residents. Staff has no measurable data indicating that additional call volumes generated by the small increase will result in public safety incidents.”
