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06-12-90 Planning BoardKALISPELL CITY -COUNTY PLANNING BOARD AND ZONING COMMISSION MINUTES OF MEETING JUNE 12, 1990 CALL TO ORDER The meeting was called to order by Therese Fox - Hash, President, at AND ROLL CALL 7:02 p.m. Those present were Hash, manning, Sloan, Carothers, Fraser, Furlong, and Gould. Hall was absent and Stephens had an excused absence. David Greer, Senior Planner, represented the Flathead Regional Development Office. APPROVAL OF MIN- Carothers moved to approve the minutes as submitted of the joint UTES MAY 8, 1990 meeting held with the Flathead County Planning Board on May 3, 1990 a JOINT MEETING and the regular meeting of the Board on May 8, 1990. Sloan seconded MAY 3, 1990 the motion and it passed unanimously. INTERPRETATION ZONING ORDINANE CONCERNING A SHELTER FOR THE HOMELESS Hash introduced the agenda item covering status of "Shelter for the Homeless" relative to a permitted or conditional use in the Kalispell Zoning Ordinance. Interpretation under the provisions of Section 3.04, Kalispell Zoning Ordinance. Hash called on a report from Greer. Greer gave a little background on the subject. Recently a group wishing to establish a "Shelter for the Homeless" in an R-4 district approached the Zoning Administrator for consent. His determination was that there is not a specific listing for shelters in the ordinance and that it would most closely fit with a boarding house. The particular location desired was not zoned for a boarding house. The group desiring a location for a "Shelter" have asked that the ltoning Commission make a determination as to which use specified in the Ordinance is similar to a "Shelter for the Homeless." This would either uphold or change the determination of the Zoning Administrator. Glen Neier was asked for an opinion on this matter. He felt that the closest use permitted in an R-4 tone classification was a Community Residential Facility. His determination according to state law was that the "Shelter" was not a similar use to a "Community Residential Facility." The Flathead Regional Development Office went through the various uses that are referenced in the zoning ordinance and tried to pick: out similar uses as those of a Shelter. Some of the uses that appear to be similar are: Bed and Breakfast, Boarding House, Foster or Group Homes, Hotel, and Orphan/Charity Institution. Greer explained how each was similar and what each use was and how they might be different from a Shelter. The conclusion of the Flathead Regional Development Office is that a boarding house is the most similar to a shelter. A boarding house is permitted only in the residential apartment zones and therefore would not be allowed in the R-4 tone. Currently the staff has been proceeding through the rewrite of the Kalispell Zoning Ordinance. Pursuant to that rewrite a shelter is included as a specific use in the rewrite and there it is proposed that such use be located in a business district where you might find a bus depot etc. Hash clarified the duties of the Commission on this matter and noted that this was not a noticed public hearing. C� Carothers asked that Neier's statement regarding the jursidiction of the Kalispell City -County Planning Board and Zoning Commission be (� clarified. Greer stated that Neier's letter was made prior to the Zoning Administrator issuing an opinion. The group wishing to start the Shelter has written a letter to appeal to the toning Commission as per Section 5.04. A member of the audience stated that this meeting was represented to him that the public would be allowed to speak: and he would like to give some input. Hash stated that the meeting was not slated as a public hearing and that comment would not be taken but questions could be asked of Mr. Greer or the Board Chairman. Furlong stated that he has had some calls from people concerning this issue and he admitted that he told them that they would be given a chance to be heard. Hash opened the meeting to public comment. Public Comment Bill Davison, individual looking for a location for a Shelter, stated that the problem that he has appears to be solved by the report given by Mr. Greer. He did not know what zones it would be permitted in and what was needed was a zone to locate in so that the correct property could be sought. He strongly requested that the Board make a determination. as to what zone a Shelter would be allowed in. Hash explained that the process is to determine what type of use is substantially similar to the Shelter and then whatever type zone that determined use is allowed in would be a zone that a Shelter could locate. 1 Hershall Rigsby, 416 Sixth Avenue West, stated that the proposed shelter home would be in the wrong neighborhood if it were located in our R-4 zone. The house being considered is a seven bedroom house. Mr. Davison has said that anywhere from one to five homeless families come to the food bank: every week. He felt that this seven bedroom house would be too small. He cited the failure of a home of this nature in Whitefish because of the type of people (transients), inadequate supervision, and complaints from the neighbors. Ellen Reed, 425 Sixth Avenue West, stated that there are several homes in that neighborhood that are lived in by elderly people. The neighborhood is quite. There is a group home in our neighborhood. She also did not feel this was the right neighborhood for a shelter home. Hash requested that the group make their comments in light of the fact that the determination will decide what type of zone this type of use will be located, not which neighborhood. Currently the staff is recommending that the closest use is "Boarding House", which would only allow the shelter to be located in a RA Residential Apartment zones and in the future depending on the outcome of the rewrite possibly only business zones. IF Mr. Hamill, 505 Seventh Avenue West, stated that he is against any change that would allow the shelter to be in the residential district. 0 Don Swanberg, 516 Fifth Street West, stated that the definition of homeless could take in a lot of different types of people. There is no doubt that they need to be helped but this is not the right area. There needs to be more supervision and police protection in that area. He also felt that the parking and traffic problems would be more than the current streets could handle. Mr. Schneider, 342 Sixth Avenue West, stated that he felt that there are more homeless people in the Kalispell area than is estimated. He felt that a samaritan home is a business. He also felt that the specific location is too small for the needs. What would prevent them from adding to the home and making more room for more beds. He felt that it should be located in a business area since it is a business, Sharon Berry, 443 Sixth Avenue West, asked ter. Davison if the Board declares the use to be similar to a boarding house would he then be looking for another location or would he attempt to change the zoning or whatever in order to locate in the house under current consideration, David Greer stated that tonight the determination is to decide what use the shelter is most similar to and not what specific property it would be located on, if this Board determines that it is a Boarding House, the only place that a Boarding House can go is in the Residential Apartment zones. The particular property that was inquired about is not in a Residential Apartment zone, therefore the shelter use could not be located there. Ms. Berry asked if they could change the zoning. Greer stated that if they were to pursue that avenue or any other avenue to locate in that particular property it would be subject to public hearings. fir. Davison stated that currently there is no zone in which to locate. He added that this Board determination will give them a zone and whatever it is we will abide by it. Gene Thompson stated that he owns property in the area. He felt that fire safety and parking would be concerns. He did not feel that the property itself could provide adequate parking. Helen Clark, 420 Fifth Avenue West, stated that she is happy with the existing Group Home but parking is a real problem. Pam Kennedy, 1036 Sixth Avenue West, suggested that the Hoarding House requirements do not fit the definition of a shelter. She felt that a text amendment should be done to put the word "shelter" into the zoning ordinance and to put it in business zones where these people would have access to the services they would need. Board Discussion There being not further public comment, Hash opened the meeting for Board discussion. Gould stated that in 1937 there was a amendment to the definition of "Community Residential Facility" that substituted the word "severly disabled" for "physically disabled". He also believed that 76, 5-411 MCA intended to include something like a shelter for the homeless in the definition of "Community Residential Facility". 3 Fraser clarified that tonight the Board could make a determination that the use is similar to Boarding House but then later in the rewrite the use might be allowed only in the business zones. By that ` time a shelter could conceivably be established in an RA zone thus creating a non -conforming use. Greer stated that they would be a legal non -conforming use. Furlong asked if the Board were to sustain the decision of Craig Kerzman could this non-profit group then seek: a location for their shelter. Greer stated that to sustain Craig"s decision would tell them that the shelter would be appropriate in the RA zones. Motion Furlong moved to sustain the decision of the City Zoning Administrator Craig Kerzman. Greer noted that the Staff report may be "clearer" than Craig's letter since it also specified the zoned appropriate to a Boarding House. The zoning district RA-1 is residential apartment, RA-2 is residential apartment with higher density, and RA-3 is residential apartmentloffice zone. Fraser asked if the Board were to disregard the current recommendation and just ask: where should a shelter be located what would the answer be? Greer stated that the answer would be as proposed in the rewrite of the Kalispell Zoning Ordinance, a business area. Fraser asked if that step could be taken tonight so that one of these shelters is appropriately located. Greer stated that it would require an amendment to the Ordinance which would take about 0 days. Greer added that, according to the current ordinance, it is the responsibility of the Planning Board to interpret the uses that are closest to this use as currently listed. He felt that the Board is going to have to deal with the question in terms of the current zoning ordinance. Furlong asked for clarification regarding the rewrite position. He asked if the Boarding House use were decided upon that would permit a shelter to be located in the RA zones but that would not appear to be the desire since the rewrite proposes the use to be in commercial zones. Greer stated that the zoning ordinance rewrite which would suggest business zones for a shelter use has not been adopted by the Planning Board or the City Council. The Board may choose to extend that use into other zones when they begin their review. Fraser asked if the Board could determine that the shelter is .closer to a hotel rather than a boarding house thereby placing the use in a business zone rather than an RA zone. Greer said yes. Manning asked Mr. Davison if his group would be willing to wait until the new zoning ordinance was in place before they located a shelter somewhere. He felt that potential problems could be created by moving ahead now. Mr. Davison stated that he would not be willing to wait for an undetermined amount of time to find out where they could locate a shelter. 4 Carothers felt that most of those present would agree that there is a need for a facility of this type. He felt that what Manning and Fraser were aiming at was if this was placed in the proper location it would be better received. He felt that if a shelter were placed in the RA zones there would be the same concerns that the R-4 neighborhood has. If we could allow for the planning office to come with their suggestions, then it would be placed appropriately. A member of the audience felt that the question needs to be addressed today. Mr. Davison stated that they have been offered some assistance from an apartment building in an RA-2 zoning district. Their plan is to keep most of those units as rentals and then change three or four into shelter units. He felt restricted by just a business zone. Greer read the various types of uses currently allowed in RA zoning districts. Gould asked how many homes would be needed in the future. Mr. Davison said there are four kinds of homeless people. They are families, transients, alcoholic and drug abusers and mentally ill. One out of 3 or 9 are mentally ill. Generally the Food Bank: sees between one and five families per week: and generally it is closer to one. There were approximately 252 to 500 people that needed temporary housing last year. Gould asked if they had a preference for one type of zone over another? Mr. Davison felt that any zone would do. Motion Gould moved. to adopt the recommendation of the FRDO staff which designates a "shelter" to be most similar to a boarding house and as such would be allowed in RA-1, RA-2, and RA-3 zoning districts. Carothers asked if Furlong's motion had died. Furlong felt it had for lack of a second. Furlong then seconded Goulds motion. Furlong asked Greer how long of time will be involved in the Kalispell Zoning Ordinance rewrite. Greer felt that there is always a possibility that the rewrite might never get adopted. Based on this, Furlong felt that the motion would be an immediate answer whereas the other answer might be a long time coming. Manning asked if the Board could review each of the three RA zones as far as their permitted uses and select which one that would be most closely related to business uses. Greer stated that if the determination is that the shelter use is most similar to a boarding house then the use would allowed anywhere a boarding house is allowed. Otherwise any limitations would be an amendment process. Fraser called for the question. The motion was passed unanimously in a roll call vote. WORD PROGRAM FOR Hash introduced the need to decide on a work: program for the 1990- 199 0-19911 1991 fiscal year. Greer presented three proposed items for the work. program. Those items were: (1) Complete the rewrite of the Kalispell Zoning Ordinance; (S) Prepare a Neighborhood Flan for North Meridian Area; and (3) Prepare a Neighborhood Plan for the Kalispell Airport. Greer stated that there is also a desire to complete a community decay ordinance for Kalispell. Greer added that the board could do these projects in any priority they wish. He stated that the Mayor wants to have the Neighborhood Plan for the Kalispell Airport to be top priority. Motion Carothers moved that the three suggested projects constitute the work: program for the Staff on behalf of the Board for the 1990-1991 fiscal year, without listing priority. Sloan seconded the motion. Gould asked if the .Decay Ordinance is included in the work: program. Greer stated that the office is going to address the decay ordinance regardless of whether it was on the work program or not. Motion Amended Carothers amended his motion to add the decay ordinance to the list and Sloan amended her second. The question was called and the amended motion passed unanimously in a roll call vote. OLD BUSINESS None. NEW BUSINESS Gould passed out a draft of a letter that he prepared regarding the Kalispell/Whitefish (Highway 93) Highway Project. A group of landscape architects have met and are trying to work with the highway department to beautify the approaches with boulevards and trees etc. He asked for the Board's critic of the draft. Carothers felt that the letter that the Board sent to the Highway Department previously was very similar to this. Gould asked that the group would discuss the subject some more now or in a future meeting. Hash asked if Greer knew the content of the letter sent ,from the Board previously. Greer stated that it focused on the Somers to Kalispell project and not on the Kalispell to Whitefish stretch. The letter was specific as to what was desired in the way of design including bike paths, boulevards and trees. Gould stated that the Mayor got a letter from the Highway Department asking for comment as an official of the city. Furlong felt that a second letter would not hurt and might help. Sloan stated that she would like to see added that the consideration of the Board is for both the Somers to Kalispell project and the Kalispell to Whitefish project. Carothers suggested that the staff be directed to draft a letter similar to what Gould has drafted and add the concern that Sloan mentioned. Furlong felt that would be the appropriate thing to do. Hash would work with the staff in the letter. ADJOURNMENT There being no further business, Hash declared the meeting adjourned at 3:25 p.m. &A. Therese Fox -Hash, Chairperson Approved: Ava Walters, Recording Secretary