04. Ordinance 1209 - 1st Reading - Text Amendment - Community Residential Facilities in B-2 ZoneORDINANCE NO. 1209
AN ORDINANCE AMENDING SECTION 27.14.030, CITY OF KALISPELL ZONING
ORDINANCE NO. 1175.
NOW, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL AS FOLLOWS:
SECTION I. That Section 27.14.030 of the B-2 Zone, City
of Kalispell Zoning Ordinance No. 1175 is amended by
allowing "Community Residential Facilities for Eight or
Fewer Persons" as a.,
SECTION II. This Ordinance shall erome effective thirty
( 30 ) days from and after the date of its final passage by
the City Council and approval by the Mayor.
PASSED AND APPROVED BY THE CITY COUNCIL AND MAYOR OF THE CITY OF
KALISPELL THIS DAY OF , 1994.
Douglas D. Rauthe, Mayor
ATTEST:
Amy H. Robertson
Finance Director
TO: KALISPELL CITY -COUNTY P ._ iNG BOARD AND ZONING COMMISSION
FROM: JOHN PARSONS, SENIOR PLANNER
RE: ZONING TEXT AMENDMENT TO ALLOW COMMUNITY RESIDENTIAL FACILITIES
(FRDO JKZTA-94-03)
DATE: APRIL 27, 1994
A public hearing has been scheduled for the May 10, 1994 Zoning Commission hearing to
discuss a proposed amendment to the adopted Kalispell Zoning Ordinance. Flathead
industries has requested the Kalispell City -County Planning Board and Zoning Commission
to address a specific area of the adopted zoning ordinance.
Section 27.14, B-2 General Business, does not currently permit community residential
facilities. Flathead Industries has requested that this use be permitted as a Conditional Use,
Section 27.14.030. The Kalispell Zoning Ordinance utilizes the State definition for this type
of use which reads:
76-2-411. "Community residential facility".
(1) a community group home for the developmentally, mentally, severely disabled
persons which does not provide skilled or intermediate nursing care;
(2) a youth foster home or youth group home as defined in 41-3-1102;
(3) a halfway house operated in accordance with regulations of the department of
health and environmental sciences for the rehabilitation of alcoholics or drug
dependant persons; or
(4) a licensed adult foster family care home.
ANALYSIS:
The question involves whether or not a care facility of this type is appropriate for a
commercial zone. While the intent of any commercial zone is to provide for commercial
types of uses, it is felt by staff that the nature of this type of care facilities needs to be as
close to commercial services as is reasonably possible. This would allow individuals who
utilize this type of facility the opportunity to interact with the general public In a
commercial/public atmosphere without having to travel long distances. it is generally
considered good therapy to have public contact and interaction.
RECOMMENDATION:
It is recommended that the Kalispell Zoning Ordinance, Chapter 27.14, B-2 (General Business)
be amended to include and renumbered as needed:
Section 27.14.030: Uses Which May Be Permitted By Conditional Use Permit
Sub -Section 27.26.050. (6) Community Residential Facility
RE PORTS\KA LI SPE L\KZTA94-3.B-2
1
May 12, 1994
Bruce Williams, City Manager
City of Kalispell
P.O. Drawer 1997
Kalispell, MT 59903
723 5th Avenue East - Room 414
Kalispell, Montana 59901
RE: Kalispell Zoning Ordinance Text Amendment
To Allow Community Residential Facilities
Dear Bruce:
Phone: (405) 758-5780
The Kalispell City -County Planning Board and Zoning Commission met in regular
session on Tuesday, May 10, 1994, and held a public hearing on the following:
A request by Flathead Industries for a Kalispell Zoning Ordinance Text
amendment to allow "Community Residential Facilities" in Section
27.14.030, Conditional Use Permits, in the B-2 General Business zone.
John Parsons, of FRDO presented the staff report, which recommended the text
amendment. Two persons, including the applicant spoke in favor of the text
amendment, citing the benefits of having a community group home in close proximity
to urban services. There was no testimony in opposition to the request. After
adopting the findings of fact, the Board voted 8-0 in favor of recommending the
requested text amendment to allow Community Residential Facilities as a conditional
use in the B-2 General Business zone classification.
This recommendation is being forwarded to the City Council for final action. If you
have any questions regarding this request, please contact the Commission or John
Parsons at FRDO.
Respectfully Submitted,
KALISPELL CITY -COUNTY PLANNING BOARD AND ZONING COMMISSION
W4� ,,� (�� i:��
Therese Fox Hash
President
TFH/JJP/eo
Attachments: FRDO Report #KZTA-94-03
Application Materials
F:\FRDO\TRANSMIT\KZTA94-3.REC
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