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Planning Board Minutes - Feburary 8, 2005KALISPELL CITY PLANNING BOARD & ZONING COMMISSION MINUTES OF REGULAR MEETING FEBRUARY 8, 2005 TO ORDER AND ROLL The: regular meeting of the Kalispell City Planning Board and [-C-�A�L—L CL ! Zoning Commission was called to order at 7:00 p.m. Board ! members present were. George Taylor, Jean Johnson j Timothy Norton, Rick Hull, Kari Gabriel and Bryan. Schutt. John Hinchey was absent. Narda Wilson represented the Tri- City Planning Office. There were approximately 30 people in the audience. APPROVAL OF MINUTES Taylor moved and Johnson seconded to approve the minutes of the Kalispell City Planning Board and Zoning Commission regular meeting of January 11, 2005. The motion passed unanimously on a roll call vote. HEAR THE PUBLIC No one wished to sneak. IMMANUEL LUTHERAN ` A request by Immanuel Lutheran Corporation for a CORP. CONDITIONAL USE conditional use permit to allow a day care center in an PERMIT REQUEST existing building in an H-1, Health Care zone, in the City of Kalispell. STAFF REPORT Narda Wilson, with the Tz i -City Planning Office, gave a KCU-05-2 presentation of Staff Report KCU-05-2, a request by Immanuel Lutheran Corporation for a conditional use permit to allow a day care center in an existing building in an H-1, Health Care zone, in the City of Kalispell.. i Wilson stated this is a conditional use perrmt request from. � Immanuel Lutheran Corporation; it is similar to a request passed a few months ago, which was found by the applicant to be too expensive. Instead the applicants decided to expand the existing day care by converting an existing garage on The property to accommodate additional children. Wilson ; i said that Claremont Street lies to the east, and Highway 93 lies to the west; the previous CUP was to the south of this property. She said that access is via an existing paved driveway, back to the house, and the garage is northeast of ' the house; it comes off of Claremont Street, and there will. be 1 a loop drop off area developed, with parking to the north of the residence further developed_ jWilson explained that this is in a Health Care zone, where day care centers are a conditionally permitted use, and the facility will operate from 6:45 am to 6:00 pm and will be primarily for employees of Immanuel Lutheran Corp., with i some general public use if there is room. She stated the day, care center in the existing home has 24 kids now. There j %atispeit €:itv Planning Board %lmutes of the :neettn_z of F�bruary 8_'003 p'�"r i nIF 11,, used to be a swimming pool, but it was filled in with sand to create a play area that is fenced. Wilson stated that the 30 foot by 22 foot garage would be used for up to 12 additional children.. The property is a very large lot with access to Buffalo Hill Terrace, day care center and frontage along Claremont Drive. She said the access road is 15-22 feet wide, and must be widened to accommodate traffic to the Fire Department's specifications; Immanuel Lutheran owns Buffalo Hill and this property, and they will upgrade the road. She said there is some parking on site, which will be reconfigured and widened, and the zoning regulations require one space per teacher or employee, and one space per six students; there are nine parking spaces planned, including a handicapped space, and a circular drop off area will be built. Wilson said that additional parking is available at Buffalo Hill Terrace; they have about 80 spaces and use 50 spaces, so the day care center employees will park up there. Wilson stated that- traffic circtflation in the site is,genPraliv good, and that a circular drop off area will be developed, because there are problems accessing onto Crestline Drive to the south; it is a blind intersection and icy conditions are common in winter. She said that staff is recommending a barricade be placed at Mission and Crestline to prevent people from using it as an access; there will be emergency access only. Wilson said that additional traffic should be minirxial. Wilson finished by stating that staff recommends adoption of the staff report, and that a CUP be granted subject to the 4 conditions listed, including compliance with building and fire codes, expanding the driveway, and blocking access to Crestline Drive. QUESTIONS BY THE Hull asked if there was a requirement for a fence. BOARD Wilson said the play area is already fenced. PUBLIC HEARING The public hearing was opened to those who wished to speak on the issue. APPLICANT/AGENCIES Carol Cockrell, 107 North Haven Drive, director of Buffalo Hill Terrace, thanked the board for approving the first CUP, and said that project would have cost too much money, so they decided to remodel the garage and accommodate an { additional 1.2 children there. She said they know what they need to do to be in compliance with the conditions, and the need for childcare in town is great. She said they will be aide j to provide childcare for the general public as well. Kalispeil C A:t�v Planning Board Nfinuees oi'the meetin of l ebruart 8. 2005 Taylor asked what their plans were for five years in the future. Cockrell she said this should do it for a while, but their goal is to have a daycare attached to Manuel Lutheran Horne in the future so the kids do not have to cross the road, but that is a long term goal. PUBLIC COMMENT No one wished to speak and the public hearing was closed. i MOTION Norton moved and Schutt seconded to adopt staff report i KCU-05-2 as findings of fact and, based on these findings, recommend to the Kalispell City Council that a conditional use permit be granted to Immanuel Lutheran Corporation for a day care center in an H-1, Health Care zone, subject to the fair listed conditions. E BOARD DISCUSSION There was no discussion. ROLL CALL The motion passed unanimously on a roll call vote. A RAY OF HOPE A request by A Ray of Hope for a conditional use permit to CONDITIONAL USE PERMIT allow a shelter in an existing building in a B-2, General I REQUEST Business zone, in the City of Kalispell. STAFF REPORT KCU-05-1 Narda Wilson, with the Tri-City Planning Office, gave a presentation of Staff Report KCU-05-1, a request by A Ray of Hone for a conditional use permit to allow a shelter in an xi esting building in a B-2, General Business zone, in the City of Kalispell. Wilson explained that this is a CUP request for a shelter in a single family residence, located on the northwest corner of 5th Avenue West and 1st Street West in Kalispell. She distributed some written correspondence received by Tri-City for the Board to review (attached hereto and made a part hereof). E Wilson showed the vicinity map and stated that this is essentially a transition area from residential to the south to commercial to the north. She said the B-2 zone lists shelters as a conditionally permitted use and that Ray of Hope is a E private, Christian, non-profit shelter which currently serves three meals a day and provides clothing, etc. She said the { shelter provides counseling and client resources, and there is a live-in counselor 24/7; they provide services to women and 'E girls in crisis, families in crisis, and anyone that needs a E hand, and they have a retail component associated with the facility for clothing and other goods, with a nominal fee to users. E � Kalispell City Nanniri2 Board Mil)utts O the =Ctin2 ErhFebruan, '005 Wilson said this is an existing 2 story single family residence, with 1150 square feet on each floor; there is one bedroom and one bath on the main floor, five bedrooms and one bath on the second floor, and a full unfinished. basement. She said the building is an old historic home and has good architectural integrity, the porch faces 5th Avenue West, and there is an entrance is off of 1st Street West. Wilson stated the immediate area is a mix of commercial and residential uses; to the west is a recently remodeled building, and there are several businesses moving into it, and to the south and west is the Food Bank, on the southeast corner of 6th Avenue West and Ist Street West. Wilson stated that the growth policy anticipates this area to be developed commercially, and this is a standard 50 x 142 foot lot, with a parking area on the west side and access via a paved alley from I st Street West and Center Street. She said the parking lot can accommodate five standard parking spaces, and one handicapped space, and there are no detached accessory structures on the property. She said that Sth Street West is a collector, and this is a highly visible area, with lots of traffic. She said that access is good to the site, and no additional traffic impacts will be anticipated. There is a paved parking lot on the west half of the building, and the parking calculations did not include a retail component, so that would limit the amount of retail permitted. She said the parking available would limit the number of occupants and uses, and that based on one parking space for five occupants, it would be limited to 30 individuals and no retail activity. She said there are no open space requirements, and the building meets the setbacks for the B-2 zoning district: Wilson stated that there is a condition that a fence be placed along the north boundary for screening and to prevent potential trespass, and that staff had some issues with regard to building and fire codes because of the type of occupancy code it falls under. The owners would need to get all of the required inspections and approvals from the fire and building inspectors, and any necessary upgrades need to be reviewed and approved by those departments prior to occupancy. Wilson said that some of the conditions that staff is recommending are a six foot site obscuring fence along the north boundary; no outdoor storage of inoperable vehicles, furniture, or miscellaneous objects, including on the porch; all parking will be in the lot west of the residence:; quiet times will be between I pm and 6 am; an outdoor smoking and eating area will be established; the shelter will be limited to a maximum capacity of 30 individuals or less, depending on building and fire codes; there will be no retail sales from the tiro-oerty; anv donated items shall be stored inside; and that Kahsoeil City Planning Board MiT MCS Of the * CClini-I ot. Februan° 8_ '00�, every effort will be made to ensure good integrity of the neighborhood. Wilson finished by stating that if any of the conditions are violated, the CUP may be revoked by the City of Kalispell. QUESTIONS BY THE Hull asked if a full time manager could be made a part of the BOARD conditions. Wilson, said it is part of their application for their facility, but it could be made a condition. Taylor asked how many people could stay overnight and if any remodeling would be necessary. Wilson said there is a minimum of 50 square feet per person + per the fire code, but there may be restrictions that staff is unaware of, and that a letter from the fire marshal stated it is classified as a Residential Group R-1 occupancy by the International Fire Code, that specific requirements exist for sprinkler and fire codes, and more information is needed. Wilson said that the fire and building departments would have oversight of the issue, and that the plans examiner wrote a letter which states that the shelter would need fire partitions and barriers in sleeping areas, egress windows and smoke detectors in sleeping areas, and sprinklers if the occupancy exceeds 19 people, handicapped accessibility 1 must be met, a kitchen hood must be installed, and additional code requirements may apply. She said some of the improvements may alter the look of the building, but they are necessary to meet fire and building codes. E Norton asked about conditions 10 and 11, and the statement that if any conditions are violated the CUP could be revoked. Who would do that? Wilson stated that someone would probably call the city with 3 j a problem, and it would be routed to PJ Sorenson for enforcement. The city attorney's office would take action if E they refused to comply. i PUBLIC HEARING The public hearing was opened to those who wished to speak ' on the issue. 1 APPLICANTS/AGENCIES Michelle Gentry, 155 Eastern Crossroads, Columbia Falls, stated that she is the owner of the property; they looked at a bunch of places, and that this seemed perfect - it used to be. a boys shelter, and the Food Bank is right there. She said she and her mother bought this house for Ray of Hope, and i that Peggy Christensen has done a wonderful job for these homeless people, and there are not many people willing to do that. She said that Peggy lives with there and turns their lives around and that the police bring them people, the Kalis'Dell Ci€v Plannim Board Minutes w the mcetins> ()CFl .roan 8. '_DU- 11..,1.. K . F 1 4 health center sends people there, and even suicidal kids go there. She said the community needs to support these people and Peggy brings them back. She said there is a full time manager, and they have pride in their home, and want to keep it up. She said they can work with a restriction on the number, and there are usually only about 15-16 people there. She would like the Board to find it in their hearts to favor this. Norton asked if this building was cost-effective since so much remodeling would need to be done. Gentry said there was a boy's shelter there and it did not need sprirtklers then, and they are already starting to clean it up. She said there are five bedrooms upstairs, and the downstairs is being fixed up for the men, and there are already people living there. Norton stated the building would need to meet all of these requirements, and she may need to analyze it further. Gentry stated they have already bought the building, and it is a historical home, and hopefully the remodel won't cost too much. She said they would like a permanent residence so they don't have to move any more. They have not hired an engineer or consultant yet. Schutt asked what Gentry's position was with Ray of Hope. Gentry said she is not affiliated with them, and is just buying them a house. She said Peggy has a gift, but does not have the finances. Their prior location has been razed to build apartments. Keith Gallagher, 46 5th Avenue West, stated that he is the full time manager of Ray of Hope, and volunteers his time for room and board. He said the shelter helps a lot of people in the community, and they supply boxes of food, clothing, blankets, and try to help people out. He said they do background checks, and do not allow sex offenders, violent offenders, drinking or drugs, and there is a 10:00 pm curfew. He said he has been with them for about 10 months, and there have been very few problems. Taylor asked what the average length of stay was and what happens to people when they leave. Gallagher said it was an average of 3-6 months; one woman stayed for two years to clean up a drug problem, but now has a full time job and an apartment. He said most of the people come back to visit, but they don't keep track of them; people who .leave an their own terms are holding jobs and it has been positive for them. Kahspeil Cite plannin,'Board NlinnLc�s of the ineetin r o Penruary �'_ _005 Morton asked about the basement accommodations and if there were egress windows. Gallagher said there were not any yet, and they do not meet the building codes yet. He said they have no intention of having 30 people living under one roof, but there is a homeless problem in town; they anticipate 15-20 residents. Schutt asked where Ray of Hope is at now and if food is being distributed. Gallagher said there are eight people now on 5th Avenue and there are some more in Evergreen on private property. He said they are working to get things done and they are not exactly a shelter yet, and are keeping donations to a minimum. He said they were previously on Appleway Drive, with retail space in a barn, and it occasionally got cluttered, but they are planning on having retail space elsewhere, not on Sth Avenue. Gabriel asked what happens when more people show up than they have space. Gallagher said they just can't help therm, and they recommend other groups in town, like Samaritan House, and churches, but they can only do what they can do. Gabriel asked about some of the neighbor's concerns and have they been a problem in the other location? Gallagher said it has not been a problem, that there have been a few instances of police escorting someone off the property, but they called them, the neighbors didn't. He said he does not foresee any problems. PUBLIC COMMENT j Proponents: Ed Hvnes, 825 Helena Flats Road, said he has known Peggy and her husband for 8 years, she counseled him and his ex- wife, and he has donated a number of things and his time to them. He said that Peggy dogs a tremendous job, and she is very dedicated; she gives a help up not a hand out, and it is a very worthwhile thing in the community. He said that homelessness will not go away, and he has lots of empathy for them; they have good networking and support. Yvonne Bradley, 106 5th Avenue Test, stated she has ,gone over to the facility, and thinks it is a wonderful thing they are doing. She said there is no noise in the evening; they keep to themselves, and her kids still play out in front of her house. Kuiisneil Ciry Planning Board Minutes o the mecurit4 of e� ruar S. Phyllis Burrows, PO Box 536, Bigfork, said she worked for a couple of years for Ray of Hope, and has never seen a more beautiful Christian persona. than Peggy. She said the people � are loving, kind and just like a family; they work like a unit, she ate and worked alongside everyone and they are warm and loving and giving. She said that bad things happen to good people and that people would come in with nothing but the clothes on their backs, and Peggy would help them. Linda Mengwasser, 939 3rd Avenue East, said she met Peggy and the residents when her bible study group chose .them as a community service project last December, and she herself volunteered to help them paint their house. She said she never felt uneasy, and has come to love them. She said their lives have been transformed and she does not believe that reaching out should just be one woman's problem. Reverend Bill Harper, 21.49 Highway 2 East, stated that he has known Bob and Peggy for three years as their pastor, and has partnered with them.. He said his church serves a community meal every Wednesday night, and that quite a few people from Ray of Hope attend their church. He said he has seem changes in those people who have gone through the Ray of Hope and that people from. Ray of Hope clean their church every week and he.trusts them; they are not perfect, but no one is. He said Peggy has unconditional love and is meeting a tremendous need in the community. He asked the community not to be afraid, and that this ministry cares. Stan Pine, 208 Lakeshore Drive, said he was the Ray of Hope's previous landlord, and he hated to make them leave, but they knew it was- temporary. He said this is a fine j organization, and they do real work for the corrununity; they care for a lot of people, and he never had a complaint when they were on his property; they took good care of the property, and made improvements to the inside. He said he j hired people to do odd jobs, and had no question that he j could trust them; they were good workers, who had integrity and hard work instilled in them. He said he had nothing but good things to say about Peggy and Ray of Hope and he had no problems and no complaints. I Belly Wilson, 66 Tahoe Drive, stated she has known Peggy for j several years, she does incredible work, and takes care of whatever your needs are. She says there is a sense of dignity when you walk out the door and her work is an asset to the community. i i Genelle Homuth, 1127 6th Avenue East, said she volunteers ' at Ray of Hope and files and organizes things. She said Peggy is an incredible woman, and does her best to find people places, and has an awesome love for people. She said she has seen lots of successes and these are really wonderful Kaiispeil City Rimming hoard Minutes of the meeting of k- bruary �. IOo5 people who deserve a chance to get back on their feet. Opponents: John Dudis, Crowley Law Firm, stated that he represents CLE Enterprises, who owns the property to the north of this project. He said his clients are not adverse to the Ray of Hope or the Chr stensens', but that CLE has some concerns. He stated he feels there is a deficiency in the staff report, and the criteria dealing with diminishment in valuation was not considered in it. He stated the ordinance requires- it to be considered and that it should be sent back to staff or it could give rise to action down the line. In response to a question, he stated the property to the north is a vacant lot and truck repair facility, and it used to be the Lee distributing warehouse; it now holds accounting firms and the administrative offices of CLE Enterprises. He said the offices are open very early in the morning and late in the ' evening, especially at tax time. He said they would like to see a step up in policing in the area, because there has been an increase in panhandling, and the accountants are concerned for their clients. He also asked for a strict ban on alcohol and drugs in and around the facility, and a properly licensed and certified social worker to be on the premises at all times. He asked if the home really is able to hold 30 people. He stated the truck repair facility does use the back alley for its larger vehicles like school buses, and will need access back through the alley. He also said the quiet time should be from 8.00 pra to 6:00 am instead of from 11:00 pm because of their clientele. He said that the facility is being occupied and there are gas cans located on the property now, and he hopes they don't contain flammable materials and he wants them to be properly monitored. Norton asked Dudis if he has spoken with a broker or had a feasibility study done about the diminishment of the property values. Dudis answered yes, CLE had one done by Mr. Henderson and he feels the ordinance states the valuation needs to be done and it could make the staff report deficient. Mike Greskowiak, 35 5th Avenue West, stated that this project is great for the community, but they have concerns they would like addressed. He said there are safety issues with the number of homeless people who may have problems in the future, and the aesthetics of the property are a big concern because they have seen Ray of Hope's other facilities. He feels the size of the house may force outside storage, and he is concerned about the enforcement of residents' drug and alcohol use; they have had people wandering down the street looking into cars. He said he was glad to hear they do background checks, but he is also KU11SPCH €,itv P!annimi Board Minu[es car the meetim, of Fetbruary 8. 2005 T3111-11„C ;e concerned about his property values and zoning enforcement he feels there is none. Steve Waltman, 105 5th Avenue West, stated that he has three kids and he believes in helping people out, but we j cannot change the fact that Kalispell is changing, and we j can't Leave houses or cars unlocked or kids outside by themselves- He said he watches his kids, and he does not know who will be coming to this shelter and he is not about to take chances with his kids. He said he is concerned about who will be there, because they will not be watched when they leave the house. i No one else wished to speak and the public hearing was closed. MOTION Norton moved and Taylor seconded to adopt Staff Report KCU-05- 1 as findings of fact and, based on these findings, recommend to the Kalispell City Council that a conditional use permit be granted to A Ray of Hope to allow a shelter in a i B-2, General Business zone in the City of Kalispell. BOARD DISCUSSION Norton asked Wilson about Dudis' comments about the diminished valuation. ? Wilson said that looking at the surrounding neighborhood and the uses in place, there is a truck repair shop with an unpaved parking lot, some of the buildings in the area are quonset huts which are 50 years old, and the food bank is operated out of an industrial building. She said we are seeing revitalization m the area; this is an historic house, and with proper maintenance, she finds it difficult to believe it will diminish property values in the area. She said the area is commercial with high traffic, and that other permitted uses would have much more impact, so she would have to disagree with Mr. Du dis. i Norton stated he just wanted to get that response on the record. Hull stated he lives on 5th Avenue West, and he is in favor of the shelter. He said the diesel shop next door is more of a threat to the neighborhood and he has no objections to the location. He said the six foot high fence is not protecting any neighbors, and is not relevant. He said he did have some concerns -- 24 hour management is absolutely vital, and E people wandering up and down the street trying to find the E shelter could be a problem; he would like a small lighted sign for the building so people could find it. He said there axe a surprising number of group homes in town and most don't cause trouble. i Katisueil City Planning Board %,Iinutes of the meutumz oi— ebruary S. '_005 j ............... . Gabriel asked if the incidents mentioned before had been happening for the last few weeks, or is it characteristic of the neighborhood? She said that background checks would weed I out potential problems, especially when done with law enforcement. She said the problems are not unique to this neighborhood and there are people wandering around all' over town. Johnson asked Wilson if there is a statutory requirement that an appraisal be conducted for every CUP. Wilson said not an appraisal per se, just an evaluation of ' potential impact on a neighborhood. i Taylor said there should be a condition that a manager is on ' site 24/7; he does not want to micromanage, but there will be impacts to the neighborhood and it gives the City enforcement power. He said the building and . fire departments will follow up with all codes, but we should not take the 24/7 manager as a given. Norton asked if a sign could be placed on the building due to ( the zoning. Wilson said yes. ! I There was discussion regarding if the motions should be separately made for discussion purposes. MOTION - CONDITION 13 = Hull moved and Gabriel seconded to require a sign that meets zoning regulations be installed that is visible to a pedestrian from the sidewalk with the name of the organization and a contact number. DISCUSSION Gabriel asked if there was any need by the organization to not have a public sign for privacy issues, etc. Gallagher stated the organization would like to have a sign. Norton said he may not want to limit the size of the sign, as long as it meets the zoning requirements. ROLL CALL -- CONDITION Condition 13 passed unanimously on a roll call vote. 13 MOTION - CONDITION 14 Hull moved and Gabriel seconded that a manager be on site 7 nights a week during quiet hours (1 1:00 pin to 6:00 am). DISCUSSION There was no discussion.. } ROLL CALL - CONDITION Condition 14 passed unanimously on a roll call vote. 14 MOTION - REMOVE Hull moved and Gabriel seconded that condition 3, the fence CONDITION 3 F requirement, be eliminated. Kalispell City ftmning Board N,finulws 0i the inec;ins ofFeuruary DISCUSSION Norton said this is a nice historic home; the fence is a bonus and will prevent noise and dust from the lot to the north and they should be able to have a fence if they want one. Schutt said if he was there, he would want a fence. Gabriel said if she was the property owner, she would want the fence so she would not look into a vacant lot. She asked Wilson if they could still put up a fence if they removed the requirement, Wilson said yes. ROLL CALL - REMOVE Removal of Condition 3 passed 4-2 on a roll call vote. CONDITION 3 DISCUSSION - MAIN Norton said he was impressed with the turnout and the MOTION 1 support that Ray of Hope has in the community. He said this is a business zone and he is not concerned with diminished property values or panhandlers, and they are not there because of this project. He is concerned that this building may be too hard to bring up to code and he hopes it is feasible. Schutt asked if the Appleway facility was generally taken care of and if it was a problem for police. Wilson said she did not know enough about the facility to comment on that, but the Board did receive a positive letter from the Flathead County sheriff and Kalispell Police Dept. Taylor said there cannot be enough crisis stabilizations in this town and the spirit must be supported. He said this is an opportunity to get people back in the mainstream, and he realizes there are property concerns as well as people concerns. He said aesthetics do count, and everyone deserves to have their properties maintained; this is not an issue where property values will go down, and this can be a real asset to the community. He wants the Board to give a vote of confidence to Peggy and Ray of dope. Hull stated that professional management makes all the difference. Gabriel echoed what has been said so far, and stated she is fully in support of the project. ROLL CALL ; The main motion passed unanimously on a roll call vote. CITY OF KALISPELL A request by the City of Kalispell for an amendment to the ZONING TEXT Kalispell Zoning Ordinance to develop and include a AMENDMENT REQUEST definition for battered women's shelters and other victims of domestic violence to include them in various zoning districts. Kalisoeil Cit-Y Planning Board N'linutCs Of the :ne--ima of Furuary S. 2005� STAFF REPORT KZTA-05-1 Narda Wilson, with the Tri-City Planning Office, gave a presentation of Staff Report KZTA-05-1, a request by the City l of Kalispell for an amendment to the Kalispell Zoning Ordinance to develop and include a definition for battered women's shelters and other victims of domestic violence to include them in all of the zoning districts. Wilson explained that this is an amendment to the Kalispell zoning ordinance, requested by the City of Kalispell, to address the issue of safe houses and domestic violence shelters. She said that the amendment is three -pronged, and that the Board is being asked to develop a definition for safe houses and domestic violence shelters, to create standards for their operation, and determine the districts where they are appropriate and whether they are permitted or conditionally permitted uses. She said the City Council had a workshop and discussed the issue in depth. Wilson explained some of the history of trying to set up a domestic violence shelter, or safe house, and stated that one of the issues relates to how a safe house is defined. She said that community residential" facilities are specifically defined in the ordinance, but domestic violence shelters are not; residential facilities are licensed by the state, but there is no licensing for safe houses. There is also an incidental boarding house definition in the ordinance, but no more than three adults can reside in a house at any one time other- than the homeowners, which does not work for a safe house. She said there is also a shelter category, which are conditionally permitted in apartment zones and business districts, but these typically deal with transients and have no anonymity needs. She said a safe house is related directly to domestic. abuse and anonymity is .needed. Wilson stated that safe houses want to locate in the residential zones because it is more practical, but they don't meet any of the definitions listed in the zoning ordinance. She said they typically have more people than is normal in a residential area. Wilson explained that the staff gave the Council some alternatives: to allow safe houses in all residential zones as a permitted use without a public hearing with a limit on the number of people; to allow safe houses with a conditional use permit and a public hearing, which would take away the anonymity; and to allow safe houses in all zones as a permitted use with no limit on the number of people. She said the Council directed the staff to allow the safe houses in all zones as a permitted use without a limit to the number of people. Wilson said that the most practical approach would deal with the number of occupants in a particular building and the building code and fire code standards which would need to be met. She said that the staff recommends three Kaiispeil Cite I humim-1 BoaM Nlioutcs ofthe meeting of F=�br iavy S. 2005, components, which are to recommend safe houses and domestic violence shelters in all zoning districts as a permitted use; define a safe house; and add a supplementary regulation that states that safe houses are not subject to public review because of the need for anonymity, but will be reviewed by the Site Review committee and all information will be kept confidential. She said this is an attempt to create the anonymity that domestic abuse victims are looking for but provide a mechanism to address the health and safety issues. Wilson finished by stating that staff recommends adoption of the staff report and recommend to the City Council that safe houses and domestic violence shelters be included in the zoning ordinance in all zones as outlined in the exhibit. QUESTIONS BY THE Taylor asked Wilson why they chose the option that the BOARD public will not be given any information at all. Wilson said if there is a public hearing, there will be knowledge of where the facility is. She said that a key component is that the location is a secret; it will not be easily located and it is not publicly known. Taylor stated he wants to balance the interest of the public; he said that he contacted various cities as follows. Missoula defines it by structure -- if it is a single family residence, there is no hearing or CUP. Bozeman tries to squeeze the community residential facility definition in the code, but that no two issues are alike and each is unique; they consider neighborhood standards as well. He was concerned that we did not want to involve the public. Wilson said that PJ Sorenson did some research, and found that there are no communities which specifically address safe houses; they rely on the community residential definitions and stretch them to make them. work. She said this does not address the issue and that the Violence Free Crisis Line wants to be upfront with the issue, so we have had to scrutinize it closely. She agreed it possibly could be an issue with the number of occupants in a single family home, but it would be an infrequent situation. Wilson stated that any applicant would be asked for the number of occupants in a building, which would determine which building and fire codes and occupancy code they would fall under. She said it is a misnomer to say that there is no limit on the number of occupants, and that occupancy would be based on the type of construction and the fire improvements that would be needed; they need to meet the applicable health and safety standards for the number of occupants. Kaiisnel( Cite Planning Board .Miiluces of the rneetin<ti of Feb3•iian 8. -'005 Schutt reiterated the three options for a safe house and asked if we are creating a third option for a conditional use permit with the site review committee in this case. Wilson said we basically are creating another option and it does fit in the code within the parameters. In response to a statement about the anonymity, Wilson said that no one would know when a shelter moved in and there is no way to have a conditional use permit, with its public hearing requirement, and protect the anonymity of the shelter. She said the oversight will be done administratively, and that the safe house operates in a place where you never know it is there. Hull stated that a domestic abuse call is the most dangerous call for police, .and there is a real reason for the general public not to know where a safe house is. Norton asked Wilson if all projects go to site review, and if the shelters would be licensed by the state. Wilson said that commercial uses do, but that residential and duplexes do not (unless it is a subdivision). She said the shelters are not licensed by the state, because there is no funding from the state; they are private, non-profit, so there is no mechanism for licensing. Hull asked about an administrative conditional use permit without a public hearing, because he would like to know that fences and things that we usually ask for with conditional use permits are taken. care of. Wilson said there was no reason those things couldn't be taken care of during site review, and they can enumerate the criteria or a checklist for each shelter and standardize those concerns by adding them to the supplemental regulations. She suggested some examples to add to the supplemental regulations and some language. PUBLIC HEARING The public hearing was opened to those who wished to speak on the issue. APPLICANTS/ AGENCIES PUBLIC COMMENT I Jennifer Hull, 436 Sth Avenue West, stated that she stayed at the Abbey House for a while, that it was private home and not publicized so that her ex-husband could not find her. She said it was a great confidence to know that the location of the house was secret and not publicized. Kaiisr)ell €'iiv lllannir( Board Minutes of tht ill cnn2 01 �_tbruary _-00i No one else wished to speak and the public hearing was closed. MOTION Norton moved and Taylor seconded to adopt Staff Report j KZTA-05-1 as findings of fact and recommend to the Kalispell City Council that safe houses and domestic violence shelters be included in the Kalispell Zoning Ordinance as approved on the attached Exhibit "A". BOARD DISCUSSION Schutt stated that the public has a right to know what is going on in their neighborhoods, and this seems to be behind the back. Wilson stated that planners will always struggle with a balance between the community's rights and an individual's rights. She said the Board is charged with deciding how it should best be handled. Norton asked who is on the site review committee. Wilson listed the members individually and said they are all City employees, not elected officials, and that all of them understand confidentiality. Taylor asked if they were the oversight and if they follow up after occupancy, or are they just involved at the outset. Wilson said that an applicant would ask for a certain number of people, and the building department and fire department would determine what improvements or modifications would need to be made to the structure to accommodate the use and occupancy of the structure. They would get a building permit and the inspection would be done, and there would be no further monitoring. Taylor questioned the City mediating any conflicts and suggested some new language. He asked where the oversight comes in. Norton asked who monitors a project when it is done, and suggested the zoning administrator monitor this. Wilson suggested some language for oversight be built into the definition. Wilson suggested the following language: All facilities would be required to provide fencing or screening between adjoining properties, to ensure that all required parking be met on site. During the review process, consideration shall be given to the appropriateness of fencing, screening, parking, etc. Inspection shall be conducted every 6 months to ensure compliance. Katisoctl C lLv Planning Board NEnutcs or th—, MCC1111L caY �' c�ruar� 8'_ -005 E Gabriel stated that we may be overstepping our bounds and that Council supported this at the work session. She said she does not feel qualified to tell these people what they need or don't need. Norton said he also does not feel qualified to limit this, but he has to feel confident thatthe applicant would be able to speak to this before the Council and that Council will review it. E E ( - Various language was discussed with the following additions to the supplemental regulations being agreed upon. ... Consideration shall be given to the proper maintenance and operation of the facility to neighborhood compatibility. I Periodic inspections shall be conducted to check compliance ! ...(would go behind occupancy statement). Should issues arise within the neighborhood, ... the City shall use every reasonable effort to amicably resolve potential conflicts (final sentence) . MOTION -- AMENDMENT Taylor moved and Gabriel seconded the language for I Supplementary Regulations read as follows: ...Consideration shall be given to the proper maintenance and operation of the facility to neighborhood compatibility. Periodic i inspections shall be conducted to check compliance ...(would go behind occupancy statement). Should issues arise within the neighborhood, ... the City shall use every reasonable ; effort to amicably resolve potential conflicts (final sentence). i DISCUSSION There was no discussion. ROLL CALL - AMENDMENT The amendment passed unanimously on a roll call vote. ROLL CALL - MAIN The main motion, as amended, passed unanimously on a roll MOTION call vote. OLD BUSINESS l There was no old business. haYispt�ll Cliv iNammnQ Board Minutes of the a-ieeripa oi' z'wbTL1ary 8). ]003 NEW BUSINESS Wilson said there is a full agenda next month. There is a work session for lighting set for Wednesday, February 23. Wilson said she will ask Mike Hall to be there as well. ADJOURNMENT The meeting was adjourned at approximately 10:40 p.m. The next meeting of the Kalispell City Planning Board and Zoning ! Commission will be held on Tuesday, March 8, 2005. George Taylor President Judi Funk Recording Secretary APPROVED as submitted/corrected: j /05 i a(ispelt C:iLv P(annina Board Minutes of the it -ctmu of i=ehruary 8, WO(3�