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Kalispell Zoning Change To Mayor City CouncilOctober 30, 2020 From: Carmine Mowbray, Owner of 763-771 N Meridian; next door to 889 N Meridian To: Kalispell City Council and Mayor Mark Johnson Re: KZTA-20-01 - Request by Warming Center for Text Amendment to B-1 Zoning With all due respect for the Warming Center's intent to provide a needed facility, I publicly objected to their request for a Zoning Text Amendment during the Oct.13 hearing. There are many other business and services in the near vicinity, but I limited my comments to my five separate tenants, over a dozen steady occupants, and hundreds of patrons of those businesses. My property manager, and these tenants expressed intense concern when they realized the full intent of the Warming Center. We purchased our building 23 years ago. Next door was an auto shop compatible with our businesses. Our businesses have thrived, thanks to hardworking entrepreneurs making a living by serving a need. The proposed Warming Center building sits very near, if not ON the property line, only 35 feet from Valley Boot and Saddle, and close to the other four businesses. Cars line up at the coffee drive-in not much farther south, all accessible by a public sidewalk. When the Warming Center approached the Fair board for a location, Fair board members expressed concerns like, "It will grow; they will come early and stay late; and it attracts an unhealthy element," and declined to provide space. Now that risk is being pressed onto private property where businesses that are vacant nights and early mornings are vulnerable to vagrancy. Bozeman's shelter (which Tonya Horn managed for over two years) is on Industrial Drive, far from retail and service businesses. Bozeman's Housing director is quoted as saying, "the Warming Center exceeds capacity a lot during the winter." Our concern is: What happens to those who must be turned away? There is a solution: Half (eight) of Kalispell's16 Zoning Districts already allow "Homeless Shelters" with a Conditional Use Permit. Kalispell's Samaritan House is in an appropriate zone (RA-1). My conclusion: Zoning is a democratic, intentional process, decided by concerned citizens specific to each locale. The results should be honored. Amending text nullifies the rule. Please vote "No" on the requested text Amendment. Thank you for this opportunity for each of us to be heard. Carmine Mowbray - Property Owner, 759-771 North Meridian, Kalispell 38334 Pinewood Dr, Polson. 406-883-4677 Date: October 30, 2020 From: Carmine Mowbray, Owner of 763-771 N Meridian; next door to 889 N Meridian To: Kalispell City Council and Mayor Mark Johnson Re: KCU-20-05 - Request by Warming Center for Conditional Use Permit I must object to the Warming Center's request for a Conditional Use permit. During public testimony at the Planning Board hearing on Oct. 13, Tonya Horn announced that at 7 am, all 40 persons are bussed to the Salvation Army for breakfast and hot showers. On Wednesday, October 14, 1 called Major Feist at the Salvation Army, and he said, "This is news to me." They are only open Monday -Friday, and serve take-out breakfast and lunch. Showers are from 10 am to 2 pm, and they only allow two persons at a time in the building. "She cannot drop them off here," he said. On Oct. 21 the Missoula Salvation Army announced that it will no longer accommodate the homeless from the Poverello Center. We also wonder how a former auto repair facility passes environmental standards to house 40 persons. No doubt there are accumulations of solvents, antifreeze, fuels and other potential toxins. Has a Phase I Environmental Site Assessment been done to determine whether or not these people will be safe? NBC Montana's Marian Davidson reported that at the end of 2019, Kalispell had 279 homeless persons. Obviously there is a need, and we don't object to the Warming Center's attempt to help. What will happen when they cannot accommodate all the people with need? The Warming Center is a "low barrier facility" with strict rules, so where do the people go who don't follow rules and have been rejected elsewhere? There is a real risk to the adjacent businesses. The Flathead Fair Board recognized this, and declined to host them. The adverse effect on the hardworking businesspersons at 759-771 North Meridian will be real, will be negative, and will be nearly impossible to reverse. Do you want that on your record? In February, the Bozeman Chronicle reported: "As neighbors voiced concerns to city officials (about a warming center), City staff never issued a decision on the permit." Please consider this an appropriate precedent. Please consider alternatives and these consequences before voting on the proposal. Please vote "No" on the Conditional Use Permit at this location. Thank you for this chance for us to be heard. Carmine Mowbray, Property Owner, 759-771 North Meridian, Kalispell 38334 Pinewood Dr, Polson. 406-883-4677 October 30, 2020 Re: Conditional use Permit KCU-20-05 To: Kalispell Mayor Johnson and City Council If the City Council approves the Warming Center's request for a Conditional Use Permit, please consider the following. As an adjacent property owner representing five separate tenants, over a dozen steady occupants, and hundreds of patrons of those businesses; and 23-year Kalispell taxpayer, I think it is reasonable to request some "Conditions" be placed on the facility's permit. The Warming Center itself has convinced the Planning Board that they have high standards, and will be good neighbors. My tenants and I expect that to be the case. In the event there are problems with public safety or sanitation near our building, we think it is reasonable to expect quick resolution. If problems persist, we think it is reasonable for the City to have the option to revoke the Special Use Permit. That will ensure that the Warming Center's high standards are maintained. If the Warming Center is confident of the operating model they have testified to, they should be very willing to formally agree to this Condition. With this reasonable level of protection, we can go forward with mutual understanding that our tenants and patrons are in no way inconvenienced or threatened; and with sincere best wishes for the success of all. Thank you, Carmine Mowbray Property Owner, 759-771 North Meridian, Kalispell 38334 Pinewood Dr, Polson 406-883-4677