04. Ordinance 1209 - 2nd Reading - Text Amendment - Allow 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 conditionally permitted use.
SECTION II. This Ordinance shall become 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
723 5th Avenue East - Room 414
Kalispell, Montana 59901
May 12, 1994 Phone: (406) 758-5780
Bruce Williams, City Manager
City of Kalispell
P.O. Drawer 1997
Kalispell, MT 59903
RE: Kalispell Zoning Ordinance Text Amendment
To Allow Community Residential Facilities
Dear Bruce:
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.
f 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
Therese Fox Hash
President
TFH/JJP/eo
Attachments: FRDO Report #KZTA-94-03
Application Materials
F:\FRDO\TRANSMIT\KZTA94-3.REC
Providing Community Planning Assistance To:
o Flathead County 9 City of Columbia Falls • City of Kalispell • City of Whitefish •
FLATHEAD REGIONAL DEVELOPMENT OFFICE
CONDITIONAL USE REPORT #KCU-94-08
FLATHEAD INDUSTRIES - COMMUNITY RESIDENTIAL FACILITY
APRIL 28, 1994
A report to the Kalispell City -County Planning Board and Zoning Commission regarding a
request for a Conditional Use Permit to allow a community residential facility. This request
is scheduled for a public hearing at 7:00 PM on May 10, 1994. A recommendation will then
be forwarded to the Kalispell City Council for final action. The hearing will be held in the
City Council Chambers, City Hall, 213 -1st Avenue East, Kalispell.
A. APPLICANT/OWNER
Mike Kelly
Flathead Industries
Box 1916
Kalispell, MT 59903
B. SIZE AND LOCATION:
The property is approximately 14,000 square feet in area, located 'on the east side
of 4th Avenue West approximately 150 feet south of Center Street. The property is
more particularly described as lots 9 and 10 of Block 32, Kalispell Original Townsite,
in the SE4 of Section 7, Township 28 North, Range 21 West, P.M.M., Flathead County,
Montana.
C. NATURE OF REQUEST
The applicant is requesting a Conditional Use Permit to allow the construction of an
eight (8) person, 3821 square foot Community Residential Facility in the B-2 zone.
The property is currently on two city size lots.
D. LAND USE AND ZONING
Existing: Currently the properties are vacant and zoned B-2
Adjacent: The surrounding properties are zoned B-2 and contains a mixture of
commercial and residential type uses.
E. MASTER PLAN DESIGNATION
The Master Plan designates this area as Commercial and anticipates the type of use
proposed.
F. UTILITIES/SERVICES
Sewer:
City of Kalispell
Water:
City of Kalispell
Solid Waste:
City of Kalispell
Police:
City of Kalispell
Fire:
City of Kalispell
1
G. EVALUATION OF REQUEST
1. site Suitability:
a. Adequate Useable Space: The proposed facility is considered to have
minimum adequate space on the site. Although, parking seems to
possibly be inadequate.
b. Adequate Access: The proposed access onto 4th Avenue West to the
alley provides adequate access.
C. Environmental Constraints: No known or documented environmental
constraints exist on or adjacent to this site..
2. Appropriate Design:
a. Parking Scheme: Parking is concern with this project. While the
parking lot is well laid out for its size, four (4) spaces may be
inadequate. The current Zoning Ordinance does not provide a ratio
for this particular use. The ordinance does indicate that when a use
is not listed the Zoning Commission shall determine the number of
parking spaces required using the most similar use listed. It would
appear that the Rooming House/Dormitory is the most similar, this
would require one (1) per bed. However, if this were to be and stay
a facility for housing the elderly, then 0.5 per lodging unit could be
used. It would be however deficient in number if the use were to
change in the future to a more commercially permitted use. Staff
suggests that a deed restriction be recorded with the property that
indicates this use/property has been designed for a Residential Care
Facility and that a change in use might require additional parking.
b. Traffic Circulation: A single access from 4th Avenue West to the alley
presently serves the site. There appears to be an adequate drop-off
site provided. In addition, since the project would utilize the alley as
its only exit, the alley should be paved.
C. Open Space: The applicant proposes to provide a lawn area with a
portion of the side yard fenced off. This appears to be adequate.
d. Fencing/Screening: The applicant has not submitted a landscape plan.
As previously indicated they propose to secure a portion of the side
yard with a fence.
e. Landscaping: The applicant has not submitted a landscape plan. A
plan would be required to be submitted for the approval of the Site
Plan Review Committee.
f. Si na e: The applicant has not submitted a signage plan, sign would
conform to the Kalispell Zoning Ordinance.
2
3. Availability of Public Services/Facilities:
a. Schools: Because of the nature of this facility, no impact on schools
is anticipated.
b. Parks and Recreation: Because of the nature of this facility, no impact
on parks or recreation is anticipated.
C. Police: The facility can be adequately served by existing staff and
equipment.
d. Fire Protection: The facility can be adequately served by existing staff
and equipment.
e. Water: A water main lies in 4th Avenue West and adequately serves
the site.
f. Sewer: A sewer main lies in the alley and adequately serves the site.
g. Solid Waste: The site can be adequately served by the Kalispell
Municipal collection service.
h. Roads: The property abuts 4th Avenue West. Adequately serves the
site.
4. Immediate Neighborhood Impact: This area has developed with commercial
and residential uses. The proposal will support this concept. The greatest
impacts will include an increased demand for parking, slightly increased
traffic flows and the loss of some green space. Parking is a limiting factor as
there appear to be no additional parking options on site.
5. immediate Neighborhood Integrity: This project is located within an area
anticipated for commercial use. This type of use is not considered out of
character for this area. This type of development is both anticipated and
welcomed.
6. impact on Property Values: The proposed project should not have significant
impacts on the surrounding properties. The proposed development is
anticipated to be harmonious with adjacent uses and developments and
should have no impact on established values in the area.
H. SUMMARY OF FINDINGS
The requested use has adequate space for the proposed development;
With adequate safeguards for future users of the property, no significant impact
would be expected from the parking, circulation, and layout;
All public services/utilities are available to the development and;
All neighborhood impacts would be insignificant since the use is anticipated by the
zone and Master Plan.
3
TO: KALISPELL CITY -COUNTY PLANNING BOARD AND ZONING COMMISSION
FROM: JOHN PARSONS, SENIOR PLANNER
RE: ZONING TEXT AMENDMENT TO ALLOW COMMUNITY RESIDENTIAL FACILITIES
(FRDO #KZTA-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
REPORTS\KALiSPE L\KZTA94-3.B-2
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 #KZTA-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
REPORTS\KALISPE L\KZTA94-3.B-2
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