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..
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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 ;
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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
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some general public use if there is room. She stated the day,
care center in the existing home has 24 kids now. There j
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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.
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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.
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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.
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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).
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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.
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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
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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.
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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
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a problem, and it would be routed to PJ Sorenson for
enforcement. The city attorney's office would take action if
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they refused to comply.
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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
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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.
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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.
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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.
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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.
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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
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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
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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.
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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
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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.
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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
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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
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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
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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
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the zoning. Wilson said yes. !
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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.
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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..
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ROLL CALL - CONDITION
Condition 14 passed unanimously on a roll call vote.
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MOTION - REMOVE
Hull moved and Gabriel seconded that condition 3, the fence
CONDITION 3
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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�