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12-13-22 - SignedKALISPELL CITY PLANNING BOARD & ZONING COMMISSION MINUTES OF REGULAR MEETING December 13 2022 CALL TO ORDER AND ROLL CALL The regular meeting of the Kalispell City Planning Board and Zoning Commission was called to order at 6:00 p.m. Board members present were Chad Graham (chair), Rory Young, Pip Burke, Kevin Aurich, Doug Kauffman, and Joshua Borgardt. Kurt Vomfell was absent. PJ Sorensen and Jarod Nygren represented the Kalispell Planning Department. APPROVAL OF MINUTES Kauffman moved and Aurich seconded a motion to approve the minutes of the October 11, 2022, meeting of the Kalispell City Planning Board and Zoning Commission. VOTE BY ACCLAMATION The motion passed unanimously on a vote of acclamation. HEAR THE PUBLIC None. KCU-22-03 — BROWNSTONE PROJECT A request from Mark Gillette for a conditional use permit to allow four (4) multi -family residential units as part of a mixed-use development at 428 First Avenue West. The property can be described as Lots 7 and 8 of Block 74 of the Kalispell Original Township as shown on the map or plat thereof on file and of record in the office of the Clerk and Recorder, Flathead County, Montana. STAFF REPORT PJ Sorensen representing the Kalispell Planning Department reviewed Staff Report #KCU-22-03. Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt Staff Report #KCU-22-03 as findings of fact and recommend to the Kalispell City Council that the conditional use permit be approved subject to the conditions listed in the staff report. BOARD DISCUSSION None. PUBLIC HEARING None. MOTION — KCU-22-03 Kauffman moved and Aurich seconded a motion that the Kalispell City Planning Board and Zoning Commission adopt Staff Report #KCU-22-03 as findings of fact and recommend to the Kalispell City Council that the conditional use permit be approved subject to conditions in the staff report. BOARD DISCUSSION None. ROLL CALL Motion passed unanimously on a roll call vote. KCU-22-04 — ABSOLUTE MINISTRIES PROJECT File #KCU-22-04 — A request from Aaron McPherson (Absolute Ministries) for a conditional use permit to allow a group home for up to eight (8) individuals located at 730 151 Ave W. The group home is anticipated to house five (5) individuals as transitional housing as part of a faith -based drug and alcohol rehabilitation program. Individuals in the home would participate in the first phase of the program at a separate location and would have at least four (4) months of continuous sobriety before corning to the home. The property can be described as Lots 8 and Kalispell City Planning Board Minutes of the meeting of December 13, 2022 Pagel I 9 of Block 107 of the Kalispell Original Township as shown on the map or plat thereof on file and of record in the office of the Clerk and Recorder, Flathead County, Montana, excepting therefrom the southerly five (5) feet® of Lot 9 when measured parallel with the south boundary thereof. STAFF REPORT PJ Sorensen representing the Kalispell Planning Department reviewed Staff Report #KCU-22-04. Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt Staff Report #KCU-22-04 as findings of fact and recommend to the Kalispell City Council that the conditional use permit be approved subject to the conditions listed in the staff report. BOARD DISCUSSION Graham requested more detail on the requirement for approval on the CUP without a license. Sorensen clarified that it is considered a single-family residence and that state and federal laws under fair housing consider addiction to be a disability and cannot discriminate based on disability. Burke asked for clarification on the license requirements and if the home would be run as a business. Sorensen stated that a license was not required by the state since there is not a therapeutic component, and that under zoning, it would be considered residential because people are living there, and would be similar to any house that is for rent. Nygren stated that there have been a number of applications for this type of use that cannot be restricted and that the public hearing process through the conditional use permit starts the dialogue between the applicant and neighbors. Borgardt asked if the CUP carries to the future sale of the property. Sorensen stated that it does run with the land. Young asked if any conditions must be conditions similar to single family residents. Sorensen advised that any conditions could not be more restrictive than any single family residence. PUBLIC HEARING Gary Hall 140 Steppe Lane, Columbia Falls — Mr. Hall has known the applicant for many years and is familiar with the program and its residents. He hopes that the Board will recommend this to Council. Norma Linksy — 725 2' Ave W — Ms. Linsky has concerns regarding parking, cars hitting her trees, property values, and overflowing garbage cans with the current number of residents. She feels that the decision was made before she had a chance to comment. She also feels that Absolute Ministries is a commercial enterprise. Matt Banks — 725 2°d Ave W — Mr. Banks does not want this facility near his home. He has concerns regarding his property value. He will fight this to the extent that he is capable of doing and feels like it is "kangaroo court" since the decision has been made. He also feels like the applicant went about this surreptitiously and should have contacted the neighbors prior to purchasing the property. Mr. Banks stated that this CUP detracts from the community. Don McPherson — 5410 US Hwy 93 S, Whitefish — Mr. and Mrs. McPherson currently house Absolute Ministries residents and stated that they are interested in changing their previous lifestyle of alcohol or drug abuse. Pastors, churches, and volunteers are constantly working with the Kalispell City Planning Board Minutes of the meeting of December 13, 2022 Page12 Kalispell City Planning Board Minutes of the meeting of December 13, 2022 Page13 residents and will continue to do so when they move into the Kalispell house. Residents have jobs and are volunteering. Tony Willetts — 825 2"a Ave W — Mr. Willetts has known the applicant for several years and has witnessed his stringent parameters. He stated that neighbors have to be vigilant and report to the police if there is a situation. Mr. Willetts supports the CUP. Aaron McPherson -- 220 Peregrine Whitefish — Mr. McPherson reassures the public that the house will not be an eyesore and that this is not a halfway house. Absolute Ministries is a mentoring program that does not accept violent offenders or sex offenders. His desire is to stand out as a presentable property and a clean home. Residents are highly monitored. He held an open house 2 weeks ago and is happy to meet with anyone on any specific issue. He plans on being a good neighbor. MOTION — KCU-22-03 Kauffman moved and Borgardt seconded a motion that the Kalispell Planning Board adopt staff report #KCU-22-04 as findings of fact and recommend to the Kalispell City Council that the conditional use permit be approved subject to conditions in the staff report. BOARD DISCUSSION Borgardt confirmed with Aaron McPherson that no violent or sex offenders are not allowed in the program, and that all occupants are men. Borgardt also requested numbers on the current level of people who go through the program that have not been successful and how many of these men are still in the valley. Mr. McPherson stated that 4 out of 12 men are still in the program and some are in the valley. Aurich asked how many of the men that are currently in the Whitefish house would be eligible to move into the Kalispell house. Mr. McPherson stated that 2 of the existing 4 would be eligible to move into the Kalispell house. Burke commented that there is no clear way for the Board to deny this CUP and that addiction is a part of life and encouraged neighbors to keep an open discussion with McPherson. Graham asked Staff about the trash in the alley; Nygren stated that it's a simple request to Public Works to either assess the users or add an additional container. Graham also asked Staff to clarify if collecting rent is considered a business; Sorensen clarified that collecting rent does not make it a business because the focus is on the underlying use; RA -1 zoning includes group homes. Borgardt shared that he has a defunct halfway house on his street. He bought his house for full book value and has neighbors that have sold their houses at full book. He stated that when homes like this are not managed, things can go awry, and Mr. McPherson is presenting something very different. Kauffman stated that historically there have been numerous groups homes come through the Planning Board, however in each situation, all parties have been involved and have been positive. He recommended that all parties talk things out. Graham commented that the Planning Board, Council, and the City does not have any latitude to deny the CUP and that he is hopeful that the neighbors can communicate with the applicant to address their concerns. ROLL CALL Motion passed unanimously on a roll call vote. AMENDMENT TO WESTSIDE PARKING MANAGEMENT ZONE A request has been submitted to include 5`'' Street West between 5`11 Avenue West and 6`h Avenue West within the Westside Parking Kalispell City Planning Board Minutes of the meeting of December 13, 2022 Page13 Management Zone. The Westside Parking Management Zone was established by Ordinance 1759 on August 2015. At that time, it was found that within the vicinity of Flathead High School the demand for curbside, parking far exceeds the curbside space available resulting in limited availability of curbside parking for residents, congested streets and compromised roadside safety. Accordingly, residents, students and teachers have to purchase parking permits in order to park on the street within the Parking Management Zone. Ordinance 1759 allows for the amendment of the Parking Management Zone by increasing or reducing the boundary after holding a public hearing before the Kalispell City Planning Board. Requests to be added or removed from the management zone shall be done at the block face level (both sides) of the avenue or street by petition from at least 75% of the property owners. In this case, a petition has been submitted by property owners on the frontage described above to be included in the Parking Management Zone. The petition includes a request to be include within the Parking Management Zone from 6 of the 7 property owners (85%). The area proposed to be included within the Westside Parking Management Zone can be described as the public right-of-way between the southern boundary of Block 176 of Kalispell Addition Number 1 and the northern boundary of Block 177 of Kalispell Addition Number 1, and between the eastern edge of the right- of-way of 6th Avenue and the western edge of the right-of-way for 5th Avenue West. STAFF REPORT PJ Sorensen representing the Kalispell Planning Department reviewed the Amendment to Westside Parking Management Zone. Staff recommends that the Kalispell City Planning Board hold a public hearing and take public comment on the proposed Westside Parking Management Zone amendment. If the board feels the request is appropriate, a recommendation to the council for an amendment to Ordinances 1759 and 1817 Exhibits "A" and "B" would be in order. BOARD DISCUSSION [PUBLIC HEARING None. MOTION Mary -Anne Miller — 546 5`h St W - • Stated she has concerns for safety due to increase of student drivers and people speeding through the school zone on 5th St W. Ms. Miller is asking to limit the number of cars and traffic. Michelle Paine Principal, Flathead High School- Ms. Paine stated that ample parking exists on some of the streets within the Parking Zone and would like it to be reevaluated before amending the parking zone. Laurie Lacroix — 477 7th Ave W Ms. Lacroix feels that the way the student drivers are driving is big public safety issue. She would like something to be done about this. Kauffman moved and Burke seconded a motion that the Kalispell Planning Board forward a positive recommendation to the City Council to amend the West Side Parking Management Zone as identified in Ordinance 1759 per the staff report. Kalispell City Planning Board Minutes of the meeting of December 13, 2022 Page 4 BOARD DISCUSSION Graham asked staff if the Parking Zone is not being expanded. Sorensen confirmed that it is not being expanded and that only one side of the street is restricted. Also, under the ordinance, 75% of the property owners must sign the petition to be added to the zone. Nygren stated that this zone was drafted so it can be expanded and that it is being monitored by Parking Enforcement. Kauffman stated that the program has been effective since the ordinance was adopted and since there is at least 75% of residents requesting the amendment, he is in support of forwarding to Council. Graham stated that the zone has been successful and will support this amendment. ROLL CALL Motion passed unanimously an a roll call vote. OLD BUSINESS None. NEW BUSINESS Iiii Nygren updated the board on the upcoming January 10th Planning Board Meeting. ADJOU EN1 The meeting adjourned at approximately 7:34pm. Cha:1 ZA? Preside t am 1 irstin Robinson Recording Secretary APPROVED as submitted/amended: i/ to(2o Z3 Kalispell City Planning Board Minutes of the meeting of December 13, 2022 Page 15 5r