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4. Women's SheltersTri-City Planning Office 17 Second Street East — Suite 211 Kalispell, Montana 59901. Phone: (406) 751-1850 Fax: (406) 751-1858 tricityC;centurytel.net wwwAricityplanning-mLeom REPORT TO: Kalispell Mayor and City Council FROM: Narda A. Wilson, Senior Planner Jaynes 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 temporary 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. Communitv Residential Facilities: Sections 76-2-401 through 76-2-412 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 prevision 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 Page 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 fats 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 broader in context than this specific use. 2. Another issue is that the women's shelter has typically wanted 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 j 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. 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 S, 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 either could be 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 with 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. However, 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. Woinen'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, l�arda A. Wilson, , James H. Patrick Senior Planner Manager Report compiled: January 5, 2005 cc: Theresa White, Kalispell City Clerk Attachment: Memo from PJ Sorensen dated 3/ 15/04 TEMP/NARDA/SHELTERS City of Kalispell Zoning Administrator 248 3`` Avenue East -- Kalispell, MT 59901 — Telephone (406) 758-7732 — Fax (406) 758-7 739 MEMORANDUM TO: CRRIS KUKULSKI, CITY MANAGER FROM: PJ SORENSEN, ZONING ADMINISTRATOR DATE: MARCH 15, 2004 RE: DOMESTIC ABUSE CRISIS SHELTERS PRIOR LOCAL INTERPRETATIONS When I discussed this matter a number of years ago with the crisis shelter people, I noticed that our ordinance does not specifically address these shelters. The ordinance does provide for "shelters" in certain business zones with a conditional use permit, but shelters are defined as ternporay boarding of the transient, homeless, or indigent. The ordinance also provides for community residential facilities and group homes. In single family zones, those facilities require a CUP and may not serve more than 8 people. Multifamily zones allow more than 8 people, but retain the CUP requirement. Although the ordinance allows me to place a use in a similar category if it is not specifically listed, the only two available options (shelter and community residential facility) do not satisfy the crisis shelter's desires for numbers, location or public notification. CLASSIFICATION UNDER STATE STATUTE Before researching this issue, I found that most people were assuming that these shelters were under the general categories listed in Sec. 76-2-412, MCA. That code section requires cities to allow certain types of group homes, day cares, community residential facilities (8 or fewer), etc, as residential uses. The section also allows a city to require a CUP. However, an analysis of See 76-2-412 in combination with definitions provided in Sec. 41-5-103, 52-2-602, 52-2-703, and 76--2-41 I, shows that a crisis shelter does not fall under the provisions of that section and is not considered a residential use as a matter of state law. I spoke with. the Department of Public Health and Human Resources licensing office in Helena, and they confirnned that interpretation. As a side note, even if a crisis shelter were a community residential facility, the state exemption only applies to facilities serving 8 or fewer persons. SURVEY OF OTHER CITIES I reviewed ordinances for Billings, Bozeman, Butte, Great Falls, Helena, Missoula, and Whitefish. I followed up those reviews with phone calls. I got a chance to speak with a zoning official or planner from each city. I found several themes: (1) Nobody has an ordinance that specifically addresses this situation; (2) For the lack of any better classification, a crisis shelter is generally viewed as a community residential facility for purposes of applying zoning ordinances. (3) Shelters serving more than 8 people are not allowed as a permitted use in single family residential zones (Missoula will allow more with a conditional use permit). (4) Shelters serving fewer than 8 people are allowed in single family residential zones, with a mixture of responses as to whether a conditional use permit would be required. (5) Multifamily residential zones typically allow more than 8, but typically require a conditional use permit. In my phone calls, I presented the official with a scenario and asked hire/her how their city would address it, Specifically, I presented them with a situation where a crisis shelter for domestic abuse victims serving more than 8 people wants to locate in a single family residential zone. Billings: unclear, would tend to view it as a community residential facility; if 8 or less, would allow as a pennitted use in both SFR and multifamily zones; if 8 or more, would require "special review" (i.e. CUP) in both SFR and multifamily zones Bozeman: unclear, but would likely allow up to 10 people, including workers, in an SFR zone with a CUP; generally up to 4 in an SFR or up to 8 in a duplex zone without a CUP; would likely allow over 10 in a multifamily zone without a CUP; Bozeman may pass an ordinance which would create a "Closed door" public hearing if specific criteria are met relating to privacy/security {a closed door public hearing sounds suspect to me} Butte: would probably view it as a multifamily home and not allow it in an SFR zone, but might consider it with a CUP; would allow up to 8 as a perinitted use in a multifamily zone, with a CUP for more than 8 Great Falls: would analyze as a community residential facility; allow up to 8 in an SFR zone, but not more than 8 even with a CUP; would allow more than 8 in a multifamily zone as a permitted use Helena: not specific, but generally would not allow in an SFR zone if more than 8, but would look at it differently if in a multifamily zone; some residential zones allow 9-12 with a CUP; facilities serving 13-20 require a CUP in multifamily zones Missoula: would probably view it as a community residential facility; generally, SFR zones allow up to 8 as permitted and more than 8 with a CUP; multifamily zones generally allow more than 8 without a CUP Whitefish: while the ordinance is very unclear, more than 8 in an SFR zone would not be allowed APPENDIX A This table is a summary of the statements above. Due to the lack of'clarity in all of the ordinances, this table is only an approximate guide. i CITY SFR (8 OR LESS) SFR ('MORE MULTIFAMILY MULTIFAMILY THAN 8) (8 OR LESS) (8 OR MORE) Billings Permitted Special Review Permitted Special Review Bozeman Up to 4 permitted; Up to 10 Permitted Permitted Up to 10 including including workers w/CUP workers w/ CUP Butte Not permitted?? Not permitted, Permitted. CUP may consider it w/ CUP Great Falls Permitted Not permitted Permitted Permitted Helena Permitted Up to 12 w/CUP Pernitted 13-20 requires CUP Missoula Permitted No max w/CUP Permitted Permitted Whitefish Permitted Not permitted Permitted Not permitted; if text amend, would re uire CUP Kalispell I Not permitted I CUP I CUP