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06. Ordinance 1593 - Zoning Text Amendment - Sunburst Foundation, Inc - 1st ReadingCity of Kalispell Planning Department 17 - 2"d Stream East, Suite 211, Kalispell, Montana 59901 Telephone: (406) 751-1850 Fax: (406) 751-1 S 5 S W ebsite: kalispteilplanning.com REPORT TO: Kalispell Mayor and City Council FR BE Sean Conrad, Senior Planner James H. Patrick, City Manager S : Kalispell Zoning Ordinance Text Amendment - Allow a "Family Support and Education Center" as a permitted use in the R-4 (Two Family Residential) zoning district and add a dexni.tion of the term in the definition section of the Kalispell Zoning Ordinance. MEETING DATE: November 6, 2006 BACKGROUND: The Kalispell City Planning Board met on October 10, 2006, and held a public hearing to consider a request by the Sunburst Foundation to allow a "Family Support and Education Center" as a permitted use in the R-4 (Two Family Residential) zoning district and add a definition of the term in the definition section of the Kalispell Zoning Ordinance. A Family Support and Education Center, as proposed, would provide services to support families who have issues of neglect and also provide services to foster families. Among the services offered would be parenting classes and supervision of visits between children and their birth parents. Sean Conrad of the Kalispell Planning Department, presented staff report #KZTA-06-5 evaluating the proposal and recommended denial of the requested zoning text amendment. During the public hearing three people spoke in favor of the zoning text amendment. No one spoke in opposition. The board discussed the proposal and the potential related impacts. A motion was made and passed unanimously to recommend to the Kalispell City Council that the Kalispell Zoning Ordinance be amended to allow a "Family Support and. Education Center" as a conditional use not a permitted use as requested in the R-4 (Two Family Residential) zoning district and add a definition of the term in the definition section of the Kalispell Zoning Ordinance. The Planning Board felt that requiring a conditional use for a family support and education center would allow the City to mitigate any potential impacts the center could have on the surrounding neighborhood or potentially deny such a use if it is found to be incompatible with the surrounding neighborhood. Family Support and Education Center October 30, 2006 Page 2 RECo NDATICN: A motion to adopt the first reading of the ordinance to amend the Kalispell Zoning Ordinance as recommended by the planning board would be in order. FISCAL EFFECTS: Minor positive impacts. ALTERNATIVES: As suggested by the City Council. Respectfully su 't d, Sean Conrad es H. atrick � -- Senior Planner City Manager Report compiled: October 30, 2006 c: Theresa White, Kalispell City Clerk ORDINANCE NO. 1593 AN ORDINANCE AMENDING- THE KALISPELL ZONING ORDINANCE, (ORDINANCE NO. 1460), BY ALLOWING `FAMILY SUPPORT AND EDUCATIONAL CENTERS" AS A CONDITIONAL USE IN THE R-4 (TWO FAMILY RESIDENTIAL) ZONING DISTRICT, ADDING A DEFINITION OF THE TERM IN THE DEFINITION SECTION OF THE KALISPELL ZONING ORDINANCE, AND DECLARING AN EFFECTIVE DATE. WHEREAS, the Sunburst Foundation has submitted a written request to amend Section 27.07.010 of the Kalispell zoning Ordinance, by allowing "Family Support and Educational Centers" as a permitted use in the R-4, Two Family Residential zoning district and adding a definition of the term in the definition section of the Ordinance, and WHEREAS, the request was forwarded with a recommendation for denial to the Kalispell City Planning Board and zoning Commission by the Kalispell Planning Department after having been evaluated under 27.14.030, Kalispell Zoning Ordinance, and WHEREAS, the Kalispell City Planning Board and zoning Commission, after a public hearing on October 10, 2006, recommended that allowing a "Family Support and Education Center" as a permitted use in the R-4 zoning district be denied, but that it be allowed as a conditional use, 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 amended Report #KZTA-06-5 as the Findings of Fact applicable to this Ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AS FOLLOWS: SECTION I. The City of Kalispell zoning Ordinance, Ordinance No. 1460, is hereby amended by allowing a "Family Support and Education Center" to operate in the R-4, Two Family Residential zoning district as a conditional use. SECTION II. Ordinance No. 1460 is further amended by adding a definition of "family support and education center" as "A center providing services to support foster families and/or families who have issues of neglect. Services may include parenting classes, supervision of visits between children and their birth parents, and the coaching of parenting skills to the birth parents." SECTION III. All parts and portions of Ordinance No. 1460 not amended hereby remain unchanged. SECTION IV. 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 20TH DAY OF NOVEMBER, 2006. Pamela B . Kennedy Mayor ATTEST: Theresa White City Clerk City of Kalispell Planning Department 17 - 2nd Street East, Suite 211. Kalispell, Montana 59901 Telephone: (406) 751-1850 Fax: (406) 751-1858 website: kalispellplanning.com October 30, 2006 James H. Patrick, City Manager City of Kalispell P.O. Box 1997 Kalispell, MT 59903 Re: Kalispell Zoning Ordinance Text Amendment - Allow a "Family Support and Education Center" as a permitted use in the R-4 (Two Family Residential) zoning district and add a definition of the term in the definition section of the Kalispell Zoning Ordinance. Dear Jim: The Kalispell City Planning Board met on October 30, 2006, and held a public hearing to consider a request by the Sunburst Foundation to allow a "Family Support and Education Center" as a permitted use in the R-4 (Two Family Residential) zoning district and add a definition of the term in the definition section of the Kalispell Zoning Ordinance. A Family Support and Education Center, as proposed, would provide services to support families who have issues of neglect and also provide services to foster families. Among the services offered would be parenting classes and supervision of visits between children and their birth parents. Sean Conrad of the Kalispell Planning Department, presented staff report # KZTA-06- 5 evaluating the proposal and recommended denial of the requested zoning text amendment. During the public hearing three people spoke in favor of the zoning text amendment. No one spoke in opposition. The board discussed the proposal and the potential related impacts. A motion was made and passed unanimously to recommend to the Kalispell City Council that the Kalispell Zoning Ordinance be amended to allow a "Family Support and Education Center" as a conditional use not a permitted use as requested in the R-4 (Two Family Residential) zoning district and add a definition of the term in the definition section of the Kalispell Zoning Ordinance. The Planning Board felt that requiring a conditional use for a family support and education center would allow the City to mitigate any potential impacts the center could have on the surrounding neighborhood or potentially deny such a use if it is found to be incompatible with the surrounding neighborhood. Zoning Ordinance Text Amendment -- Family Support and Education Center October 30, 2006 Page 2 Please schedule this matter for the November 6, 2006, regular Kalispell City Council meeting. You may contact this board or Sean Conrad at the Kalispell Planning Department if you have any questions regarding this matter. Sincerely, Kalispell City Planning Board Timothy Norton President TN/SC Attachments: Staff report #KZTA-06-5 (Amended) and application materials Draft minutes 10 / 10 / o6 planning board meeting c w/ Att: Theresa White, Kalispell City Clerk c w/o Att: Sunburst C.S. Foundation, Inc. c/ o Windermere Real Estate PO Box 459 Lakeside, MT 59922 CITY OF KALISPELL KALISPELL PLANNING DEPARTENWNT STAFF REPORT #IKZTA- 6-5 ( ended) FAMILY SUPPORT AND EDUCATION CENTER OCTOBER 30, 2006 This is a report to the Kalispell City Planning Board and the Kalispell City Council regarding a request for a text amendment to the Kalispell Zoning ordinance to allow a "Family support and Education Center" as a permitted use in. the R-4 Two Family Residential) zoning district, and to add a definition defining the term. A public hearing has been scheduled before the planning board for October 10, 2006, beginning at 7:00 PM in the Kalispell City Council Chambers. The planning board will forward a recommendation to the Kalispell City Council for final action. BACKGROUND INFORr►rATION The intent of the R-4 (Two Family residential) zone is for it to be "a residential district. . . ." Section 27.07.010, Kalispell Zoning Ordinance. The R-4 is a widely used residential zone, and is the designation given to such residential subdivisions as Greenacres, Glacier Village Greens, Ashley Park, South Meadows, Stratford, Greenbriar, and Empire Estates, as well as most of the residential areas from Meridian on the merest to 4thAve East on the east and from. 3rd Street on the north to Sunnyside on the south. within those areas, the overwhelmingly predominant use is single" -family and duplex housing. As with all of our residential zones, a limited number of other uses are allowed, typically with a conditional use permit, such as churches and schools. Day cares and group homes are included as a function of state law. Sunburst Fou.rndation. provides "services to support families who have issues of neglect and services to foster families. Among the services are parenting classes, supervision of visits between children and their birth parents, and the coaching of parenting skills to the birth parents," and "because some of sunburst's clients are affected by use of methamphetamin.e . . . , Sunburst's help is timely and important." Sunburst currently has 9 employees and serves the entire valley. They have outgrown their building on Meridian and have located a building at 1413 5th Avenue West which has been used as a day care and a church. They hope to purchase the building to use for their business. Sunburst met with staff to discuss their plan. They were told that their business would fit within one of the mixed -use/ office zones, but is not permitted within the R--4 district. The "social service" use they propose would be classified more appropriately within the professional office category. There are several zones which are primarily residential, but allow professional offices, such as the R�-5 (Residential/Professional Office) and RA-3 (Residential Apartment/ Office) zones. while a text amendment petition can be submitted by any property owner affected by the regulations, they were informed that staff would not support a proposal to add the use within this residential zone. The staff report sent to the Kalispell Planning Board for their October 10th public hearing recommended the planning board deny the zoning text amendment with an Page I of 5 alternative to allow a Tamil su ort and education. center as a conditional use within the R-4 district. At the October 10 ublic hea-ring the plannMg board recommended allowing-famil su ort and education centers as a conditional use. The tannin board found that by rMujjjjjg a conditional use permit an individual proposal's impacts could be considered 'n huht of the surrounding neiprhborhood and the conditional usepermit Process rovides forpublic notice and comment. This amended staff report provides the City council with the planning staffs review of the zoning text amendment with the plg,n board's findings underlined. The tannin board's recommendation is based on the underlined findings- found within this report. A. Petitioner: Sunburst C.S. Foundation, Inc. PO Box 459 Lakeside, MT 59922 (406) 844-0100 B. Area Effected by the Proposed Changes: The proposed changes would affect all property within R-4 (Two Family Residential) zones throughout the city. C. Proposed Amendment: The proposal would add "Family support and Education Center" as a permitted use in the R-4 (Two Family Residential) zone, and define the use as "A center providing services to support foster families and/or families who have issues of neglect. Services may include parenting classes, supervision of visits between children and their birth parents, and the coaching of parenting skills to the birth parents . " Staff Discussion.: while certainly a worthy cause and a needed service in the community, the proposed use does not fit within the intent of this residential zone and should be located in a mixed --use, professional office or business zone. The proposed use requires 9 employees, and is intended to serve not just the immediate neighborhood, but the whole valley. Residential neighborhoods are designed to serve the residents and their guests in the neighborhood. when homeowners buy into a residential neighborhood, they are looking for a residential setting. while churches and elementary schools are generally expected to be intermingled in those neighborhoods, they are not intended for places of business that bring in customers / clients who would not otherwise be driving into the neighborhood. It is absolutely critical to keep in mind that a text amendment is not limited to this specific location or even this specific corporation, but would apply throughout the city in all R-4 (Two Family Residential) zones for any similar business. Staff strongly believes that the zoning ordinance provides for this type of use in a wide range of other zones, and permitting the use in a residential zone would be unwise and unfair to those homeowners anticipating a residential setting. EVALUATION BASED ON STATUTORY CRITERIA The statutory basis for reviewing a change in zoning is set forth by 76 -2 -205, M. C.A. Findings of Fact for the zone change request are discussed relative to the itemized Page 2 of 5 criteria described by �`-�-03, M.C.A. 1. Does the requested zone comply with the owth olio ? The R-4 zone is reflected in the Kalispell Growth Policy as "urban residential" areas as opposed to "urban mixed use area" and "high density residential," which would include both office and residential use. The chapter relating to housing contemplates maintaining the residential integrity and character of residential areas, while allowing the "inclusion of offices in some areas designated as high density residential . . . depending on the character of the surrounding neighborhood and anticipated trends." Kalispell Growth Policy, Chapter 3, page 13. However at the October l o� 1 board h.earin the Planning board found that a family support and education center could com 1 with the Kalispell Growth Policy provided the center was treated as a conditional use. As a conditional use the Proiect would be reviLewed,by both the Kalispell Pi Board and CityCouncil in a public format and either ilpmoved, conditionall aDproved or denied based on the review criteria for a conditional use under Chapter 27.34 of the Kalispell Zoning Ordinance. 2. Is the requested zone des i ed to lessen congestion in the streets? The proposed amendment would serve to increase the traffic in residential zones. while the Applicant argues that this specific location may have no more traffic due to its history as a church and day care, a text amendment applies to all R-4 zoned property within the city. In the context of the R-4 district as a whole, this type of use would clearly elevate traffic beyond expectations for a typical residential area. However, at the October 10th planning board hearing the plannmg board found that a faxnily support and education center could be designed to lessen con estion in the streets rovided the center was treated as a conditional use. As a conditional use the ro'ect would be reviewed by ---both the Kalil ell Plannm* Board and Ci council in a public format and either a roved conditionally a roved or denied based on the review criteria for a conditional use under Chapter 27.34 of the Kalispell Zoning Ordinance. 3. Will the requested zone secure safety from fire, panic, and other dangers? The amendment in itself would not have any impact on any safety provisions for fire or other health and safety issues, provided that building, fire, and other relevant codes are addressed. In this particular location, for example, the Applicant will have to submit plans for review by the Site Development Review committee, the Building Department, and Fire Department prior to occupancy, and would need to address any code -related issues. 4. Will the requested change romote the health and general welfare? The general health and welfare of the public will be maintained provided that Page 00 of 5 code issues are addressed, although the integrity of residential neighborhoods may be negatively impacted. 5. Will the requested zone provide for adequate light and air? Light and air between and surrounding buildings would not be altered or impacted by the proposed change. These issues would be addressed through the development standards of the various districts that deal with lot size, setbacks, building height and the types of uses allowed within the various zoning districts. 6. will the requested zone revent the overcrowdin of land or undue concentration of people? The proposed amendment would add a significantly more intensive use than is typically seen in the R-4 (Two -Family Residential) zone. Comparable intensities are either commonly anticipated in residential areas (Le. churches and schools) or are permitted as a function of state law (i.e. day cares). However, at the October 10thplanning board hea= the lane n board found that a family su ort and education center, if required as a conditional use could be mitigated as far as its intensity to revent the overcrowding of land and undue concentration of people. 7. will the requested zone facilitate the adequate rovision of transportation., water,__sewerage, schools arks and other ublic re uirements? The amendment would not impact the availability of public services, although there is an impact on the streets as discussed above. 8. Does the requested zone - ye consideration to the articular suitability of the prv^per y for particular uses? The proposed text amendment does not relate to the zoning designation of the property; it relates to the permitted uses for all R-4 zoned property. The proper analysis within this context is not just this specific address, but whether an R- 4 zoned property is suitable for the proposed use. In staffs opinion, it is not suitable. Even if the focus is on this specific property, it should be noted that the continued use of the property as a church and / or day care would be consistent with zoning requirements, and reasonable use of the property would be maintained if the requested amendment is denied. However. at the October loth Wanning board hearing -the planning board found. that a farm) su ort and education center could be desi ed to �ve consideration to the particular suitability of the pr9perty provided the Center was treated as a conditional use. As a conditional use the ro' ect would be reviewed -by both the Kalispell Planning Board and Cily Council in a public format and either a raved conditional) a raved or denied based 0n the review criteria for a conditional use under Chapter_ 27.34 of the Kalispell Zoning Ordinance. Page 4 of 5 3. Does the reguested zone give reasonable consideration to the character of the district? The proposed amendment is contrary to the intent of the R-4 (Two Family Residential) as a residential zone, and does not fit well into either the general character of a residential neighborhood or the expectations of homeowners in a residential neighborhood. However, at the October 10thl!-A board hearing the planning board found that a famil support and education center, if re uired to obtain a conditional use permit, could be required to 've consideration to the character of the district the center is proposed within. Furthermore as a conditional use the ro' ect would be reviewed by both the Kalis ell Plannmg Board and Q. Council in a public format and either a roved condition4y approved or denied based on the review criteria for a conditional use under Chapter 27.34 of the Kalispell Zonm* ordinance. 10. Will the proosed zone conserve the value of buildings? The proposal may serve to create additional sales options for this particular site, but it is possible that neighboring properties may be negatively impacted to some degree due to the impact on the residential character of the given neighborhood. 11. Will the re uested zone encourage the most appropriate use of the land throughout the jurisdiction? The proposed amendment does not encourage the most appropriate use of land throughout the city. The type of business proposed by the Applicant is provided for extensively throughout the city and would include the R-5, RA-3, H-1, B-1, B- 21 B-3, B-4, and B--5 zones. The R--4 is intended to be a two --family residential zone, and allowing the use in the R--4 would be a disservice to homeowners in that zone. However, at the October 10th p1gnning board hearing the planning board found that a family support and education center could be considered in the R-4 zonin district provided a conditional use permit is required. Based on the review, rocedures for a conditional use ermit a family support and education center could be conditioned as to not be detrimental to the surrounding rQ.qi r] Pry ts, _ RECONOMNDATIDN The Kalispell Planning g Board recommends that the City council adopt staff report KZTA 06-5 (Amended) and approve the zoning text amendment to allow a family support and education center within the R-4 zoning district as a conditional use. Page 5 of 5 C�C�OMG 5i.ElpClty of Kallspe �� Planning DepartmentALISPELLQLANNING DEPARTMENT 17 2nd Street East, Suite 211, Kalispell, Montana 59901 Telephone: (405) 751--1550 Fax: (406) 751-1858 PETITION FOR ZONING TEXT AMENDMENT NAME OF APPLICANT: sJAJ Rop...Sf_ (f.L FvtWibj+iIDAS , tsvC P,E:rE MAILING ADDRESS: CITY/ STATE /ZIP: •�..� tt'� S� D c (�L(T � ��/ ZZ PHONE: W13AT IS T1IE PROPOSED ZONING TEXT AMENDMENT? P A S3aA)Bv4xF �� 770AJ Pro let o.s' `' t ..t"' ► .. � .. '� c - - 4D 4 WHAT IS THE PURPOSE DR INTENT OF THE PRO P D SED 'TEST AMENDMENT? fFS.f <JR. �✓TExJD� )..o e.A- -77 0 #Aj j 7W Avz� lj�:5r do rat Ptne t t' tc)r A7- HOW WILL THE PROPOSED CHANGE ACCOMPLISH THE INTENT AND PURPOSE O F : A. Promoting the Growth Policy /i GtJt L.�.. �D L' i4���G 7" 7�'f� C tat j ea A110 ohJC tf�' L! vc� 1 ,U ?7-fi..f' L ,� c !V !rs a.Q 02.S' t-t c 4 RS �it,d i i � ! L t- SD C �+�1 Td ti1 J t �3t U� � Art 4 S YP t2 a R, i S 4 4.s'f�tit �.e �-�r•� i ,t._r CS ,�-�t� G'� /z.-D Rtst1 , B. Lessening congestion in the streets and providing safe access Rrr-C-A.- '1-t) 4C—�i c(? TO S�� L�O�ift'�1 2)vqt-C-13 ,¢-t/9 vS o C.o p y sfE R, c'wr �o NO f�' TiLF�d-! ?c'*nt ! ?Tt A)G .DirlcteAvlsI4 &/05?6,S770� Si-, OJT C. Promoting safety from fire, panic and other dangers /Va�T Apg` ID. Promoting the public interest, health, cornfort, convenience, safety and general welfare ' A/ /W/ / � Sit 345C4-C)S=-* so Oq f-MON, ir- M.1 4 Fes! / A- t.,A..(ak�TIS AJ cs've C-)A.�a E. Preventing the overcrowding of land IAJ PVC 7-� � F. Avoiding undue concentration of population. I/S h-4--- PtIk pos 5-S d PA eo 6k .4PH A G. Facilitating the adequate provision of transportation., crater, sewage, schools, parks, and other public facilities H. Giving reasonable consideration to the character of the district , L<JfftG r� Gt1 t 1--L—.01 -Rr�-I"Rao r 7- I. giving consideration to the peculiar suitability of the property for particular uses Sty OF ; C. E A -AID 43 Z6 /AJ 4 S 4C., 0;7.2-0 0 L11 4, D AAS e. 6r-r 5"04 10/0 41 J. Protecting and conserving the value of buildings W �` '��" _1 �Aj_6 PFO P/4VEn6 K. Encouraging the most appropriate use of land by assuring orderly growth (Applicant Signature) (Date) 3 a Windermere August 24, 2006 City of Kalispell Planning Department 11 2nd Street East, Suite 211 Kalispell, MT 59901 Attn: Sean Conrad Dear Mr. Conrad: Re: Sunburst Foundation and 1418 51h Ave. West This is a follow up to our application to seek permission, most likely through a text amendment of the zoning, to operate the Sunburst Foundation's program of helping families, at the above address. Mr. Jentz had, in our last meeting, indicated that he considered the number of employees of Sunburst, nine, to constitute more of an office use than a social service use, and that the service should operate out of a business zone. He thinks that the traffic of nine employees is excessive for the neighborhood at 1418 51h Ave. West. Please note, however, the following which demonstrate that traffic would be sigm cantly diminished: First, the current owner/user is New Life Center, a day-care provider, one that has been in business for 20 years, operating from 7:00 a.m. to 6:00 p.m. And for 10 of those years the building was used as a church in the evenings. Second, 45 children attend the center, 25 % of whom have special needs, including behavior issues. Third, six full-time employees were at the site daily, plus two part-time workers in afternoons —a total of eight employees daily. Fourth, four buses serviced the location, including: Public School Bus, Turtle Bay Van, Special Education Bus, and a Head -Start Bus, for a total of eight buses per day. Fifth, New Life Center's Day Care Van picked up children at Elrod, Peterson, Hedges and Evergreen Schools, and delivered them to the Center four times daily. Sixth, parents, care givers and foster care adults helped throughout the day in delivering and picking up the children. This is, therefore, not an insignificant number of people and amount of traffic. Family Concepts, on the other hand, maintains the following visitation schedule: on Monday, one Family Support Worker supervises one family visit, from 10:00 a.m. to 12:00 noon. On Tuesday, one Family Support Worker supervises visits for three families, between the hours of 1:00 p.m. to 5:00 p.m. In addition, one teacher holds parenting classes from 11:00 a.m.. to 1:00 p.m., with attendance ranging from 5 to 8 people. On Wednesday, four Family Support Workers supervise visits for nine families between the hours of 9 :00 a.m. to 6 : 3 0 p.m.. Thursday sees two Family Support Workers supervise visits for two families between 12:30 p.m. to 5:30 p.m. Windermere Real Estate/Lakeside 306 Stoner Loop Road, Suite 4A a P.O. Box 459 a Lakeside, Montana 59922 i 4061844-0100 + Fax 406/844-0101 • E-mail lakeside@wrindermere.com Friday has just one Family Support Worker supervising one family, from. 10:00 a.m. to 12:00 noon. On Saturday, two Family Support Workers supervise four families from 9: o0 a.m. to 5:00 p.m. These visits are subject to change, with each family's visits lasting, on average, about three hours. Faster parents deliver the children in their care and return to pick them up after the visit. Is it not obvious that this is hardly an "office" sort of business, and that the neighborhood will have less traffic and population for fewer hours than has been generated to date by the New Life Center? It is our belief that good planning would welcome and even encourage the change, for both the city, because of social issues (including methamphetarnine-control issues), for the benefit to the men, women and children being aided through the help of the Sunburst Foundation_ Please take this information under advisement. Yours truly, Pete Putzier, agent for the parties