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?
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WHAT IS THE PURPOSE DR INTENT OF THE PRO P D SED 'TEST AMENDMENT?
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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
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B. Lessening congestion in the streets and providing safe access Rrr-C-A.-
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C. Promoting safety from fire, panic and other dangers /Va�T Apg`
ID. Promoting the public interest, health, cornfort, convenience, safety and general
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E. Preventing the overcrowding of land IAJ PVC 7-� �
F. Avoiding undue concentration of population.
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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
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I. giving consideration to the peculiar suitability of the property for particular uses
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J. Protecting and conserving the value of buildings W �` '��" _1 �Aj_6
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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