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4. Ordinance 1527 - Text Amendment - Safe Houses - 1st ReadingTr -City Panning Office 17 Second Street Fast — Suite 211 Kalispell, Montana 59901 Phone: (406) 751-1.850 Fax: (406) 751-1858 tricityC&.eentu rytel. net www.tricitypianning-mt.com REPORT TO: Kalispell Mayor and City Council FROM: Narda A. Wilson, Senior Planner James H. Patrick, City Manager SUBJECT Kalispell Zoning Ordinance Text Amendment - Safe Houses and Domestic Violence Shelters MEETING DATE: March 7, 2005 BACKGROUND: This is a request by the City of Kalispell to consider changes to the Kalispell Zoning Ordinance text to develop a definition for safe houses and domestic violence shelters and determine appropriate locations for their operation. This amendment was initiated by the Kalispell City Council to address a perceived need within the community. The Kalispell Planning Board held a public hearing on February 8, 2005. Narda Wilson explained some of the issues related to the existing definitions for community residential facilities, incidental board houses and shelters. None of these definitions accurately describes safe houses and domestic violence shelters and each of them typically requires a conditional use permit and public hearing. At the public hearing there was one member of the audience who spoke in favor of the proposal and the need for anonymity citing her own experience and need for a safe house. The board discussed the issues related to the need for anonymity, building and fire code requirements, occupancy limits, impacts to neighborhoods and the public hearing and review process. A motion was made and passed on a unanimous vote to recommend to the Kalispell City Council that the Kalispell Zoning Ordinance be amended to address safe houses and domestic violence shelters as amended in Exhibit A of the attached transmittal letter. RECOMMENDATION: 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 once fully developed. ALTERNATIVES: As suggested by the city council. Respectfully submitted, Narda A. Zifson, :games H. Patrick Senior Planner City Manager Providing Community Planning Assistance To: • City of Kalispell • City of Whitefish • City of Columbia Falls • Kalispell Zoning Ordinance Text Amendrnent — Safe Houses February 24, 2005 Page 2 Report compiled: February 24, 2005 c: Theresa White, Kalispell City Clerk Attachments: Transmittal letter Staff report KZTA-05-1 and application materials Draft minutes from. 2/8/05 planning board meeting TRANS MIT/ KALISPDLL/ 2005 KZTA-05011VIEMO. DOC ORDINANCE NO. 1527 AN ORDINANCE AMENDING THE KALISPELL ZONING ORDINANCE (ORDINANCE Nn IA6fil RV nFFIN11NC: GAFF u()TTC 'C ANn WINWC'I'IC V1"1 .FNC"F cuFl 'iTI3c ALLOWING THEM AS PERxMITTED USES IN ALL ZONES, AND DECLARING AN EFFECTIVE DATE, WHEREAS, the City of Kalispell has submitted a written request to amend the Kalispell Zoning Ordinance, by defining Safe Houses and Domestic Violence Shelters and allowing them as permitted uses in all zones, and WHEREAS, the request was forwarded to the Kalispell City Planning Board and Zoning Commission by the Tri-City Planning Office after having been evaluated under 27.14.030, Kalispell Zoning Ordinance, and WHEREAS, the Kalispell City Planning Board and Zoning Commission recommended that the text of the Kalispell Zoning Ordinance be amended by defining Safe Houses and Domestic Violence Shelters and allowing them as permitted uses in all zones, and WHEREAS, the City Council has reviewed the TCPO Report and the transmittal from the :Kalispell City Planning Board and Zoning Commission and hereby adopts the findings made in Report #KZTA-05-1 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 as follows on Exhibit "A" attached hereto and thereby made a part .hereof. SECTION II. All parts and portions of Ordinance No. 1460 not amended hereby remain unchanged. SECTION III. 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 21 ST DAY OF MARCH, 2005. Pamela B. Kennedy Mayor ATTEST: Theresa White City Cleric EXHIBIT A KALI:SPELL ZONING ORDINANCE TEXT AMENDMENT • Permitted Uses: Safe houses and domestic violence shelters shall be allowed in all zoning districts within the City of Kalispell as a permitted use. • Definition: A safe house and domestic violence shelter is typically operated as a community based non-profit organization intended to stop abuse in the family environment by providing crisis intervention, shelter services for abuse victims, counseling, advocacy and education without regard to gender, age, race or economic status. The safe house will typically operate on a 24 hour basis providing victims of domestic violence and their children a refuge from their abusers. • Supplementary Regulations: Safe houses are not subject to public review because of the need for anonymity to protect the victims of domestic violence: and abuse from their abusers. However, they will be required to be reviewed and approved by the Kalispell Site Development Review Committee for compliance with applicable health, safety and zoning regulations prior to occupancy. Consideration shall be given to neighborhood. compatibility, .Periodic inspections shall be conducted to insure cam fiance with the terms of initial approval, Any inquiries or issues associated with the review process shall be kept strictly confidential to the extent allowed by law in order to protect the integrity, intent and operation of the safe house and domestic violence shelters. Information acquired as part of the review process will be kept confidential. Should issues arise within the neighborhood regarding the operation of the safe house the City of Kalispell will attempt te mediate a shall make every reasonable effort to amicably resolve potential conflicts. Tri-City Planning Office 17 Second Street East — Suite 211 Kalispell, Montana 59901 Phone: (406) 751-1850 Fax: (406) 751-1858 tricity@centurytel.net February 24, 2005 James H. Patrick, City Manager City of Kalispell P.O. Box 1997 Kalispell, MT 59903 Re: Kalispell Zoning Ordinance Text Amendment - Safe Houses and Domestic Violence Shelters Dear Jim: The Kalispell City Planning Board met on February S, 2005 and held a public hearing to consider a request by the City of Kalispell for changes to the Kalispell Zoning Ordinance text to develop a definition for safe houses and domestic violence shelters and determine appropriate areas for their location. Narda Wilson of the Tri-City Planning Office, presented staff report #KZTA-05-1 evaluating the proposal and recommended approval of amendments outlined in Exhibit A of the staff report. She explained this amendment was initiated at the request of the Kalispell City Council and the problems with existing definitions related to community residential facilities, incidental board houses and shelters. At the public hearing there was one member of the audience who spoke in favor of the proposal and the need for anonymity citing her own experience and need for a safe house. The board discussed the issues related to the need for anonymity, building and fire code requirements, occupancy limits, impacts to neighborhoods and the public hearing and review process. A motion was made and passed on a unanimous vote to recommend to the Kalispell City Council that the Kalispell Zoning Ordinance be amended to address safe houses and domestic violence shelters as amended in attached Exhibit A. Please schedule this matter for the March 7, 2005 regular Kalispell City Council meeting. You may contact this board or Narda Wilson at the Tri-City Planning Office if you have any questions regarding this matter. Sincerely, Kalispell City Planning or t Providing Community Planning Assistance To: • City of Kalispell • City of Columbia Falls • City of Whitefish • Kalispell Zoning Ordinance Text Amendment — Safe Houses February 24, 2005 Page 2 GT/ NW/ ma Attachments: Exhibit A Staff report ##KZTA-OS-1 and application materials Minutes 2/8/05 planning board meeting c w/ Att: Theresa White, Kalispell City Clerk c w/o Att., Jaynes H. Patrick, City Manager, City of Kalispell, P.O. Box 1997, Kalispell, MT 59901-1997 P.J. Sorensen, Zoning Administrator, City of Kalispell, P.O. Box 1997, Kalispell, MT 59908-1997 Kalispell Zoning Ordinance Text Amendment — Safe Houses February 24, 2005 Page 3 FAIT A KALISPELL ZONING ORDINANCE TEXT AMENMENT - SAFE HOUSES AS RECOMMENDED BY THE KALISPELL CITY PLANNING BOARD FEBRUARY S, 2005 The Kalispell City Planning Board is recommending to the Kalispell City Council that they approve the following amendments to the Kalispell Zoning Ordinance: Add the following: Permitted Uses: Safe houses and domestic violence shelters shall be allowed in all zoning districts within the City of Kalispell as a permitted use. Definition: A safe house and domestic violence shelter is typically operated as a community based non-profit organization intended to stop abuse in the family environment by providing crisis intervention, shelter services for abuse victims, counseling, advocacy and education without regard to gender, age, race or economic status. The safe house will typically operate on a 24 hour basis providing victims of domestic violence and their children a refuge from their abusers. Supplementary. Regulations: Safe houses are not subject to public review because of the need for anonymity to protect the victims of domestic violence and abuse from their abusers. However, they will be required to be reviewed and approved by the Kalispell Site Development Review Committee for compliance with applicable health, safety and zoning regulations prior to occupancy. Consideration shall be given to neighborhood compatibility. Periodic inspections shall be conducted to insure compliance with the terms of initial approval. Any inquiries or issues associated with the review process shall be kept strictly confidential to the extent allowed by law in order to protect the integrity, intent and operation of the safe house and domestic violence shelters. Information acquired as part of the review process will be kept confidential. Should issues arise within the neighborhood regarding the operation of the safe house the City of Kalispell will attempt to mediate and shall make every _reasonable effort to amicably resolve potential conflicts. CITY OF KALISPELL TRI-CITY PLANNING OFFICE STAFF REPORT #KZTA-05-1 FEBRUARY 1, 2005 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 address safe houses and shelters in various zoning districts. A public hearing has been scheduled before the planning board for February 8, 2005 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 INFORMATION The City of Kalispell is proposing an amendment to the Kalispell Zoning Ordinance that addresses the use of safe houses and shelters for victims of domestic abuse. The purpose of the amendment is to develop a definition for safe house's and shelters for victims of domestic abuse and to make a recommendation regarding the various zoning districts in which they are permitted. This zoning text amendment was initiated by the Kalispell City Council at a work session held on January 10, 2005. The staff memo that went to the city council for that work session that attempts to frame and explain the issues and alternatives is attached to this staff report. A. Petitioner: Jaynes H. Patrick, City Manager City of Kalispell P.O. Box 1997 Kalispell, MT 59903 (406) 758-7701 B. Area Effected by the Proposed Changes: Any area within the Kalispell zoning jurisdiction could be effected by the proposed changes. C. Proposed Amendment: This is a proposal to include a definition for "safe houses and domestic violence shelters" and to include them as a permitted use within all of the zoning districts within the city limits. Safe houses and domestic violence shelters are not specifically defined in the zoning ordinance and are distinctively different albeit similar to other group home settings that are defined in the zoning ordinance. Please refer to the staff memo that went to the city council at their January 10, 2005 work session regarding the different group home definitions and how a safe house is different. It would also be the intent of this amendment to create a process for review that insures the appropriate and applicable health and safety codes are met while insuring the needed anonymity for victims of domestic abuse is protected for the obvious reasons. Therefore an additional section is being recommended to be added to the zoning ordinance under Chapter 27.22, Supplemental Regulations, that outlines an administrative review process that is intended to accomplish these goals, i.e. insure that the health and safety requirements are met for the type of use being proposed while protecting the anonymity of the victims. Page 1 of 5 D. Staff Discussion: The overall effect of the proposed amendment would be to allow safe houses and domestic violence shelters in all zoning districts within the city. Currently the zoning ordinance is generally mute on the issue other than, providing a general category of "shelters" that is broad based, allowed in limited zones in the city, and requires public notice and a public hearing before the planning board. This limitation on location and public notice component undermines the need for anonymity and limits the location of these facilities. Typically these facilities are operated in a way that has little or no impact on the neighborhoods in which they are located since the need for anonymity is important -to the protection of the victims. Parking of personal vehicles is discouraged because this too undermines the anonymity of the facility and typically vehicles are parked at another location. As proposed, safe houses and domestic violence shelters would be permitted in all districts and subject to an administrative review process. EVALUATION BASED ON STATUTORY CRITERIA The statutory basis for reviewing a change in zoning is set forth by 76-2-205, M.C.A. Fii"A:rnmo of Pnrt fnr thr- 7nnP rhanuP rrnttPct nrr rliGrtte �r n-IntivP to the itomi-zed 3�« .y., ..� ....._... .......... ..__ _�.. .._ .,__.. ___.,............-- criteria described by 76-2-203, M.C.A. Does the requested zone comply with the Zrowth policy? The growth policy generally anticipates uses considered support services such as schools, churches, community centers and day care facilities in most areas of the community. By including safe houses and domestic violence shelters in the community, this fills a community need and allows them, to operate safely. The proposed amendment would generally promote the goals and objectives of the growth policy playa. 2. Is the requested ,zone designed to les"sean congestion in the streets? The proposed amendment would not typically have a significant impact on traffic congestion in the streets since lour volumes of traffic are anticipated with the use and the overall impacts would be similar to other residential and group home type uses. Inclusion of this use would not affect overall traffic patterns, amount of traffic in an area, or significantly contribute to traffic congestion. 3. Will the requested zone secure safety from fire, panic, and other dangers? The proposed amendment would not reduce any security from fire or other health and safety issues since included in the amendment is a requirement for all health and safety codes applicable to the type of occupancy would be adequately addressed. There would be no compromise with regard to public safety. 4. Will the requested change promote the health and general welfare? The general health and welfare of the public will be promoted by allowing safe houses and domestic violence shelters in a safe and secure setting where the Page 2 of 5 anonymity of the residents is protected as well as the security and welfare of the neighborhoods in -which the facilities may be located. 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 prevent the overcrowding of laid or undue concentration of people? The proposed change would not increase the intensity of uses currently allowed within the zoning districts. Safe houses and domestic violence shelters would be allowed to be located more easily by increasing the number of areas in which they can locate. The areas where they are proposed as a permitted use currently anticipate similar type uses. Including safehouses would not result in the overcrowding of land or the undue concentration of people. 7. Will the requested zone facilitate the adequate provision of transportation, - water sewera e schools arks and other public requirements? The amendment would not impact the availability of public services. This type of use would be able to operate in the various zoning districts without having an adverse impact on the availability or provision of public services and utilities. S. Does the requested zone give consideration to the particular suitability of the proper for particular uses? Safe houses and domestic violence shelters should be readily available within the community and would be appropriate within all areas of the community. The proposed change gives adequate consideration to the suitability of the properties where these uses would be found and will promote the suitability of properties for the proposed use. 9. Does the requested zone ve reasonable consideration to the character of the district? The character of the area in which the safe houses and domestic violence shelters are proposed would not be altered because of the proposed change. Typically day care uses are found in residential areas and to an extent some commercial areas. Including safe houses and domestic violence shelters in the residential as well as commercial areas as a permitted use gives reasonable consideration to the character of the district. Safe houses and domestic violence shelters generally have a residential character and would fit well in zoned areas of the community. Page 3 of 5 10. Will the proosed zone conserve the value of buildings? The commercial districts allow many types of intensive uses including residential uses as well as commercial uses. The value of buildings will be conserved by promoting and encouraging compatible uses in the these districts. These amendments will conserve the value of buildings. 11. Will the requested zone encourage the most appropriate use of the land throughout the jurisdiction.? The most appropriate land uses throughout the jurisdiction are promoted by encouraging complementary and compatible uses which promote the general well-being of all citizens of the community, including our younger, older and disabled citizens and victims of domestic abuse and violence. These changes will not "only encourage appropriate land uses through the planning jurisdiction, but will also provide greater opportunities for safety and security of the citizens of our community in a safe and healthy environment. RECOMMENDATION Staff recommends that the Kalispell City Planning Board adopt the findings in staff report KZTA-05-1 and recommend to the Kalispell City Council that "safe houses and domestic violence shelters" be included in the Kalispell Zoning Ordinance as shown on attached Exhibit A. NW Page 4 of 5 EXHIBIT A DEFINITION, SUPPLEMENTARY REGULATIONS RELATED TO SAFE HOUSES AND DOMESTIC VIOLENCE SHELTERS Add the following: • Permitted Uses: Safe houses and domestic violence shelters shall be allowed in all zoning districts within the City of Kalispell as a permitted use. • Definition.: A safe house and domestic violence shelter is typically operated as a community based non-profit organization intended to stop abuse in the family environment by providing crisis intervention., shelter services for abuse victims, counseling, advocacy and education without regard to gender, age, race or economic status. The safe house will typically operate on a 24 hour basis providing victims of domestic violence and their children a refuge from their abusers. • Supplementary Regulations: Safe houses are not subject to public review 11ar-a13ee of the nperl for nnnnvmity to nrotert the victims of rinrnestir violence. and abuse from their abusers. However, they will be required to be reviewed and approved by the Kalispell Site Development Review Committee for compliance with applicable health, safety and zoning regulations prior to occupancy. Any inquiries or issues associated with the review process shall be kept strictly confidential to the extent allowed by law in order to protect the integrity, intent and operation of the safe house and domestic violence shelters. Information acquired as part of the review process will be kept confidential. Should issues arise within the neighborhood regarding the operation of the safe house the City of Kalispell will attempt to mediate and resolve potential conflicts. Page 5 of 5 Tri-City Planning Oi'fice 17 Second St East, Suite 211 Kalispell, MT 59901 Phone: (406) 751-1850 Fax: (406) 751-1858 PETITION FOR ZONING TEXT AMENDMENT CITY OF KALISPELL NAME OF APPLICANT: w1a -j#IYO.,�A) MAILING ADDRESS: �� 7 CITY/STATE/ZIP: PHONE:. 7-58- r7�3 WHAT IS THE PROPOSER ZONING TEXT AMENDMENT? WHAT IS THE PURPOSE OR INTENT OF THE PROPOSED TEXT AMENDMENT? HOW WILL THE PROPOSED CHANGE ACCOMPLISH THE INTENT AND PURPOSE OF: A. Promoting the Growth Policy J. Protecting and conserving the value of buildings K. Encouraging the most appropriate use of land by assuring orderly growth (Applicant Signature) (Date) Tri-City Planning Office 17 Second Street Fast —Suite 211 Kalispell, Montana 59901 Phone: (406) 751-1850 Fax: (406) 751-1858 trieity@centu rytel. n et www. tricity planning-mt.coin REPORT TO: Kalispell Mayor and City Council FROM: Narda A. Wilson, Senior Planner James H. Patrick, City Manager SUBJECT Shelters, Women's Shelters and Homes for Individual Affected by Domestic Abuse WORK SESSION: January 10, 2005 BACKGROUND: Over the past several years the Violence Free Crisis Line has attempted to locate a shelter for victims of domestic abuse and have run into problems for several reasons. The particular organization typically provides teriaporary shelter for women who are victims of domestic abuse and oftentimes their children. Our office and the office of the zoning administrator have struggled with how to resolve and address the challenge presented by this situation. A work session is being held by the city council to assist the staff in sorting out this issue and how best to proceed in resolving it. Our office has been directed to collaboratively identify the issues and attempt to find some possible solutions. In the past it appears there are at least three primary issues related to this issue: 1. One of the issues related to this use is in categorizing and defining the use within the zoning ordinance. Within the zoning ordinance there are three basic categories where this use may fall, but there are problems with each.. Community Residential Facilities: Sections 76-2-401 through 76-2-41.2 of the MCA address the application of zoning to community residential facilities and group homes. A community residential facility for eight or fewer people that enjoys a special exemption under the statutes and is allowed in all residential zones subject to a conditional use permit and is treated essentially in the same manner as a single family residence. Community residential facilities for eight or fewer people in this category are specifically licensed by the State and are for developmentally, mentally or severely disabled persons. It also applies to youth group homes and foster homes and halfway houses for alcoholics and drug dependent people. These facilities are conditionally permitted in essentially all of the residential districts. Shelters do not fall under this category because there is no provision for licensing them through the State. Incidental Boarding Houses: Are allowed in all of the residential zones as a permitted use and are defined as "Incidental keeping of non -transient boarders by a resident family, provided not more than fifteen percent of the total floor area in one dwelling unit used for living purposes devoted to such occupancy. This definition shall also apply to shelters for battered women or other individuals Providing Community Planning .assistance To: City of Kalispell • City of Whitefish • City of Columbia Falls Women's Shelter Memo January 5, 2005 Paae 2 affected by domestic abuse provided no more than three adults other than the resident family are residing in the house at any one time." Women's shelters could fall under this category but are limited to three adults.. Shelters: Are listed as a conditionally permitted use in the RA, residential apartment, zones and the B-2, general business, zone as a conditionally permitted use. They are defined as "A facility operated by a public or private party wherein the temporary boarding of the transient, homeless or indigent is provided as a public service to satisfy a demonstrated public need." The women's shelter best fits in this category. The first two categories are not applicable to shelters for the purpose of this discussion. The last category would satisfy the general definition of a women's shelter but is more broad in context than this specific use. 2. Another issue is that the women's shelter has typically wasted to locate in a residential area. Within the single family residential neighborhoods which are R-1, R-2 and R-3, as well as the single family / duplex neighborhoods which are R-4 and R-5; there is no real provision for a women's shelter other than the incidental boarding house which does not meet the needs or operational context of the facility under discussion. "Shelters" as provided for in our zoning code are limited to the apartment and business zones. 3. The third issue relates to the number of people anticipated to be served by the shelter. Incidental boarding houses are limited to three adults and the community residential facilities allowed in the residential zones are typically limited to eight people and must be licensed. There is no limit on the number of people in a shelter but they are not allowed in the strictly residential zones. In attempting to address the issue of a women's shelter in a residential neighborhood, the question arises as to what would be an appropriate and reasonable number of people that could be accommodated in a single family or two family residential neighborhood. The following, sometimes conflicting needs must be considered when addressing this issue: The applicants have stated that the location of the shelters should not be publicly emphasized for the safety of the population that is served. Public hearings associated with the conditional use permit process regarding the specific locations of shelters tend to disregard this need. a Shelters affect neighborhoods in a number of perceived and real ways, including demands made on parking space, public safety services and an increase in general activity levels. The neighborhoods therefore have a need to know in advance the Women's Shelter Memo January 5, 2005 Page 3 real impacts a shelter will have on the neighborhood and to provide input to the local governing body at a public hearing. The shelters could be either permitted within certain, zones without the need of a public hearing, or could be conditionally permitted within certain other zones after a public hearing. From the standpoint of the shelter, having more permitted zones available is a benefit as this avoids the public hearing regarding any specific location. From the standpoint of the neighborhood, zones that address shelters provide the opportunity for the neighborhood and the governing body to know and understand the specific impacts the shelter may have on the neighborhood and allow appropriate conditions to be placed upon the more intensive use. The essential questions therefore are "In what zones do shelters have such nominal impacts as to make them appropriate as a, permitted use?" And "In what zones can shelters reasonably coexist with the other permitted uses, given the opportunity to gather information from the community and applicants and determine appropriate conditions?" Attached wit this memo for you information is a memo dated March 15, 2004 prepared by PJ Sorensen, Kalispell Zoning Administrator, addressed to Chris Kukulski, former Kalispell City Manager regarding women's shelters and how other communities in Montana address the issue. CONCLUSION: It appears the City does provide an avenue for shelters in general in the residential apartment zones via a conditional use permit as well as the general commercial zones. But this category of shelter does not specifically address a "women's shelter." A new definition to specifically identify "women's shelters" could be developed to address this. A short list of alternatives that are not all inclusive but would need to be implemented through a text amendment to the -Kalispell Zoning Ordinance include: Allow women's shelters in all residential zones as a permitted use, i.e. without a public hearing or other public notice, with a limit on the number of occupants, for example eight adults (this would not include children in the total numbers nor would it exclude them from accompanying an adult). Allow women's shelters in all residential zones as a conditionally permitted use which would require a public hearing, with a limit on the number of occupants, for example eight adults (this would not include children in the total numbers nor would it exclude them from accompanying an adult). Allow women's shelters in all residential zones as a permitted use, i.e. without a public hearing or other public notice and without a limit on the number of occupants. Allow women's shelters in all residential zones as a conditionally permitted use which would require a public hearing, without a limit on the number of occupants. Women's Shelter Memo January 5, 2005 Page 4 RECOMMENDATION: Consider the issue and various alternatives and provide direction to staff if further action is determined by the council to be warranted. FISCAL EFFECTS: None. ALTERNATIVES: As suggested by the city council_ Respectfully submitted, Narda A. Wilson, James H. Ptrick Senior Planner Manager Report compiled: January S, 2005 c: Theresa White, Kalispell City Clerk Attachment: Memo from PJ Sorensen dated 3/ 15/04 TEMP / NARIDA/ SHELTERS Tri-City Planning Office 17 Second Street East - Suite 211 Kalispell, Montana 59901 Phone: (406) 751-1850 Fax: (406) 751-1858 tricity@centurytel.net MEMORANDUM TO: Kalispell City Staff and Other Interested Parties FROM: Narda A. Wilson, Senior Planner � RE: February 8, 2005 - Kalispell Planning Board Meeting DATE: January 19, 2005 These items will go before the Site Development Review Committee in the Kalispell Building Department on the following dates: January 20 -- Initial Review January 27 - Staff Comments Final Comments By: February 1, 2005 so that they can be incorporated into the staff report for the February 8, 2005 public hearing. Please bring your comments to the above referenced site review committee meeting(s) or submit your comments in writing or by phone, prior to February 1, 2005 so that they can be incorporated into the staff report to the planning board. You can reach me at 751-1852 or e-mail at tricityxzarda(ir centurytel.net. A request by Immanuel Lutheran Corporation for a conditional use permit to allow a day care center at 200 Mission Street in an existing building for approximately 36 children. The property is zoned H-1, a Health Care district which lists day care centers as a conditionally permitted use. The property can be described as Highland Park Addition. Tract A, Block 5 and Tract 61 in Section 6, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. 2. A request by Ray of Hope for a conditional use permit to allow a shelter at 46 Fifth Avenue West in an existing single family dwelling. The property is zoned B-2, General Business, which lists shelters as a conditionally permitted use. The property can be described as Lot 6, Block 159 Kalispell Addition No. 1 in Section 18, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. 3. A request by the City 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 to include them in various zoning districts. Providing Community Planning Assistance To: • City off Kalispell • City of Columbia Falls • City of Whitefish NOTICE OF PUBLIC I A;RING KALISPELL CITY PLANNING BOARD AND ZONING COMMISSION February S, 2005 The regular meeting of the Kalispell City Planning Board and Zoning Commission- is scheduled for Tuesday, February S, 2005 beginning at 7:00 PM in the Kalispell City Council Chambers, Kalispell City Hall, 312 First Avenue East, Kalispell. The planning board will hold a public hearing and take public comments on the following agenda item.. The Board will make a recommendation to the Kalispell City Council who will take final action. 1. A request by Immanuel Lutheran Corporation for a conditional use permit to allow a day care center at 200 Mission Street in an e2dsting building for app=dmately 36 children. The property is zoned H-1, a Health Care district which lists day care centers as a conditionally permitted use. The property can be described as Highland Park Addition Tract A, Block 5 and Tract 61 in Section 6, Township 28 North, Range 21 West, P_M.M., Flathead County, Montana. 2. A request by Ray of Hope for a conditional use permit to allow a shelter at 46 Fifth Avenue West in an existing single family dwelling. The property is zoned B-2, General Business, which lists shelters as a conditionally permitted use. The property can, be described. as Lot 6, Block 159 Kalispell Addition No. I in Section 18, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. 3. A request by the City of Kalispell for an amendment to the Kalispell Zoning Ordinance to develop and include a definition for battered wona.en's shelters and other victims of domestic to include theirs in various zoning districts. Documents pertaining to this agenda item are on file for public inspection at the Tri- City Planning Office, 17 Second Street East, Suite 211, Kalispell, MT 59901, and are available for public review during regular office hours. Interested persons are encouraged to attend the hearing and make their views and concerns known to the Board. Written comments may be submitted to the Tri--City Planning Office at the above address, prior to the date of the hearing, or you may contact Narda Wilson, Senior Planner at (406) 751-1850 or e-mail her at tri.citvnarda0centurytel.net for additional information. V ....._ / Thomas R_ Jentzl{' U Planning Director PUBLISH: Legal Notices Daily Inter Lake Sunday, January 23, 2005 BILL: T i-City Plar.za.ing Office 17 Second Street East, Suite 211 Kalispell MT 59901 Note: This office is acting as an agency of the City of Kalispell and should be billed at the City's contract rate.