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E3. Ord. 1851, Flathead Warming Center Text Amendment second readingKALisPEii. Development Services Department 201 1st Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kalispell.com/plannine REPORT TO: Doug Russell, City Manager FROM: PJ Sorensen, Senior Planner SUBJECT: Ordinance 1851 Second Reading — Zoning Text Amendment — Allow Homeless Shelters as a Conditionally Permitted Use in the B-I zone MEETING DATE: November 16, 2020 BACKGROUND: The Flathead Warming Center has submitted a request for a zoning text amendment which would allow homeless shelters as a conditionally permitted use in the B-1 (Neighborhood Business) zone. The Kalispell City Council, at their meeting on November 2, 2020, approved the first reading of Ordinance 1851 unanimously. RECOMMENDATION: It is recommended that the Kalispell City Council approve the second reading of Ordinance 1851, an ordinance to amend Section 27.12.030 and Appendix B (Table of Uses Allowed By Zone) of the City of Kalispell Zoning Ordinance 1677, by adding homeless shelters as a use which may be permitted by conditional use permit. FISCAL EFFECTS: There are no anticipated fiscal impacts at this time. ALTERNATIVES: Deny the request. ATTACHMENTS: Ordinance 1851 Link to November 2, 2020 full materials c: Aimee Brunckhorst, Kalispell City Clerk ORDINANCE NO. 1851 AN ORDINANCE AMENDING THE KALISPELL ZONING ORDINANCE (ORDINANCE NO. 1677), BY ALLOWING HOMELESS SHELTERS TO BE CONDITIONALLY PERMITTED IN THE B-1, NEIGHBORHOOD BUSINESS ZONE, AND DECLARING AN EFFECTIVE DATE. WHEREAS, the Flathead Warming Center has submitted a written request to amend the Kalispell Zoning Ordinance, by allowing homeless shelters to be a conditionally permitted use in the B-1 zone; and WHEREAS, the request was forwarded to the Kalispell City Planning Board and Zoning Commission by the Kalispell Planning Department as a recommended text amendment to allow homeless shelters to be conditionally permitted in the B-1, Neighborhood Business, zone after making such evaluation under 27.29.020 of the Kalispell Zoning Ordinance; and WHEREAS, the Kalispell City Planning Board and Zoning Commission recommended that the text of the Kalispell Zoning Ordinance be amended by allowing homeless shelters to be a conditionally permitted use in the B-1, Neighborhood Business, zone; and WHEREAS, the City Council has reviewed the KPD Report and the transmittal from the Kalispell City Planning Board and Zoning Commission and hereby adopts the findings made in Report #KZTA-20-01 to allow homeless shelters as a conditionally permitted use in the B-1, Neighborhood Business, zone. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AS FOLLOWS: SECTION 1. The City of Kalispell Zoning Ordinance, Ordinance No. 1677, is hereby amended as follows on Exhibit "A". SECTION 2. All parts and portions of Ordinance No. 1677 not amended hereby remain unchanged. SECTION 3. This Ordinance shall take effect thirty (30) days after its final passage. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL THIS 16TH DAY OF NOVEMBER, 2020. ATTEST: Aimee Brunckhorst, CMC City Clerk Mark Johnson Mayor EXHIBIT A 27.12.30: Uses Which May Be Permitted By Conditional Use Permit. (1) Auto service station (2) Bars, taverns and clubs (3) Bed and breakfast (4) Community center (5) Day care - center (13 or more). (6) Dwellings - townhouse (3 or more attached units) - multi -family (7) Group home - 8 or fewer persons - 9 or more persons (8) Homeless Shelters (9)(9) Libraries, museums, and similar cultural facilities (9)(10) Microbreweries, wineries, distilleries, and tasting rooms (4-0)(11) Residential care home or facility "(12) Schools - K-12 (private) - post secondary (private) (41)(13) Utilities (primary distribution site) APPENDIX B, TABLE OF USES ALLOWED BY ZONE REVISED USE CATEGORIES x N .� a Homeless Shelters C C C C C C C C