10. Ordinance 1244 - Samaritan House - Text Amendment - 1st ReadingORDINANCE NO. 1244
AN ORDINANCE AMENDING SECTIONS 27.09.030, 27.10.030, AND 27.11.030
OF THE KALISPELL ZONING ORDINANCE, (ORDINANCE NO. 1175), BY
ALLOWING "SHELTERS" AS A CONDITIONALLY PERMITTED USE IN A RA-1, LOW
DENSITY RESIDENTIAL APARTMENT; RA-2, HIGH DENSITY RESIDENTIAL
APARTMENT; AND RA-3, RESIDENTIAL APARTMENT/OFFICE ZONING DISTRICTS
AND ADDITIONALLY AMENDING THE PARKING REQUIREMENTS FOR "SHELTERS",
AND DECLARING AN EFFECTIVE DATE.
WHEREAS, Samaritan House, Inc., has submitted a written
request to amend Section 27.09.030 of the Kalispell Zoning
Ordinance, by requesting that "Shelters" be allowed as a
conditionally permitted use in a RA-1, Low Density Residential
Apartment zoning district, and additionally amending the parking
requirements for "Shelters" from the current "one per two beds" to
"one per five occupancy units" as stated under Section
27.26.050(47) of the Kalispell Zoning Ordinance, and
WHEREAS, the request was forwarded to the Kalispell City -
County Planning Board and Zoning Commission by the Flathead
Regional Development Office after having been evaluated under
27.30.020, Kalispell Zoning Ordinance, and
WHEREAS, FRDO evaluated the requested text amendment and
recommended that the request to allow "Shelters" as a conditionally
permitted use in the RA-1, Low Density Residential Apartment
District be denied; and the request to change the parking
requirements from "one space per two beds" to "one space per five
units" be approved, and
WHEREAS, the Kalispell City -County Planning Board and Zoning
Commission recommended that the text of the Kalispell Zoning
Ordinance be amended to allow "Shelters" as a conditionally
permitted use in RA-1, Low Density Residential Apartment; RA-2,
High Density Residential Apartment; and RA-3, Residential/Apartment
districts; and additionally amending the parking requirements for
"Shelters" from the current "one per two -beds" to "one per five
units".
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. 1175, is hereby amended as follows:
Section 27.09.030, Low Density Residential Apartment, RA-
1; Section 27.10.030, High Density Residential Apartment,
RA-2; and Section 27.11.030, Residential
Apartment/Office, RA-3, are hereby amended by allowing
"Shelters" as a conditionally permitted use.
The parking requirements for "Shelters" are hereby
amended from the current "one per two beds" to "one per
five units" as stated in Section 27.26.050(47) of the
Kalispell Zoning Ordinance.
PASSED AND APPROVED BY THE CITY COUNCIL AND MAYOR OF THE CITY
OF KALISPELL THIS DAY OF , 1996.
Douglas D. Rauthe, Mayor
ATTEST:
Debbie Gifford, CMC
Clerk of Council
.Tune 20, 1996
Al Thelen, Interim City Manager
City of Kalispell
P.O. Drawer 1997
Kalispell, MT 59903
723 5th Avenue East - Room 414
Kalispell, Montana 59901
3v ,AFT
Phone: (406) 758-5780
RE: Kalispell Zoning Ordinance Text Amendment - Samaritan House Request
"Shelters" as Conditionally Permitted Uses in the RA-1 District
and Parking Requirements for "Shelters"
Dear Al:
The Kalispell City -County Planning Board and Zoning Commission met in regular
session on Tuesday, June 11, 1996, and held a public hearing on the following
request by Samaritan House, Inc. to amend the text of the Kalispell Zoning Ordinance
as follows:
To allow "Shelters" as a conditionally permitted use in the RA-1, Low
(` Density Residential Apartment zoning district, and would be listed under
Section 27.09.010 of the ordinance. The Samaritan House has also
proposed amending the parking requirements for "Shelters" from the
current "one per two beds" to "one per five occupancy units" as stated
under Section 27.26.050(47) of the Kalispell Zoning Ordinance.
Narda Wilson with FRDO discussed the background of the request by the Samaritan
House, who are seeking to expand their facilities to meet a need in the community
for transitional housing, low rent accommodations, housing for transients, and longer
term housing for people who are homeless for a temporary period of time. The
Samaritan House provides a mixed use to the public, and are defined as a "shelter".
Considerable research was involved during the review of the requested text
amendment, and staff found there was limited information available on "homeless
shelters". However, the information she found did support the request to reduce the
parking requirements for "shelters".
Staff reviewed the necessary statutory criteria for a zoning text amendment, and
based on the evaluation, recommended that the request to allow "Shelters" as a
conditional permitted use in the RA-1, Low Density Residential Apartment District be
denied; and the request to change the parking requirements from "one space per two
beds" to "one space per five units" be approved.
Two representatives for Samaritan House explained the mixed service that the facility
provides, and agreed that it was difficult to define. It was pointed out that it was
unlikely that the proposed text amendment would result in "homeless shelters" being
built throughout the RA-1 districts, as the cost would be prohibitive, and are not
built for profit.
Providing Community Planning assistance To:
e FIathead County 9 City of Columbia Falls 9 City of Kalispell • City of Whitefish
}
Al Thelan, Interim City Manager
Kalispell Zoning Ordinance Text Amendment
Page 2
There was testimony stating that the overflow from the other community residential
facilities are served by the Samaritan House, as well as those in need of transient,
temporary, or low cost housing. The facility is well run, clean, and residents must
adhere to very strict rules, or they are out. There are absolutely no complaints
from the neighbors.
Three other persons spoke of the need in the community for the many fine services
that Samaritan House provides, and concurred that the majority of the people in
need of temporary, transitional or low cost housing, did not drive cars and therefore
the reduction of the parking requirements was commensurate with the use.
No one spoke in opposition.
During Board discussion, possible options were reviewed and how to work with
Samaritan Houses' non -conforming use status to best accommodate their needs.
Language that better defined their use, along with performance standards, was
discussed, at length, however the time required to go through the process for a text
amendment would not accommodate the urgency for obtaining grant funds for the
expansion of their facility. There was considerable discussion that the greater good
of the community was served by granting this request. The impacts of a shelter,
as a conditionally permitted use, was felt to be minimal in the RA-1 district, and
could, therefore, reasonably be anticipated in the RA-2 and RA-3 districts, as well.
The Board made findings to support a recommendation to City Council for approval
of the requested text amendment to allow shelters as a conditionally permitted use
in the RA-1, RA-2, and RA-3 zoning districts; and to approve the proposed
amendment to change the parking requirements from"one space per two beds" to
"one space per five units".
The motion was made and passed on a vote of 5-0 to recommend that City Council
adopt the findings as amended by the Planning Board in FRDO report #KZTA-96-2,
and approve the requested text amendments to the Kalispell Zoning Ordinance.
The findings of fact, as adopted by the Kalispell City -County Planning Board, acting
as the Zoning Commission are attached as "Attachment A".
This recommendation for the text amendment is forwarded to the City Council for the
June 24, 1996 work session and subsequent July 1, 1996 regular City Council meeting
for consideration of the request.
vvro
Al Thelan, Interim City Manager
Kalispell Zoning Ordinance Text Amendment
Page 3
Please contact the Commission or Narda Wilson of FRDO, if you have any questions.
Respectfully Submitted,
KA
MT LISPELL CI NTY PLANNING BOARD AND ZONING COMMISSION
Theile� Hash
,
Pres et
TFH/NW/eo
Attachments: FRDO Report #KZTA-96-2
Minutes June 11, 1996 Planning Board meeting
c: Diana Roche, City of Kalispell
P. 0. Box 1997
Kalispell, MT 59901
Samaritan House, Inc.
P.O. Box 592
Kalispell, MT 59903
Bruce Measure
P.O. Box 918
Kalispell, MT 59903
...TRANS MIT\1996\KZTA96-2.SAM
ATTACHMENT A
SAMARITAN HOUSE, INC.
TEXT AMENDMENT TO THE KALISPELL ZONING ORDINANCE
FINDINGS ADOPTED BY THE
KALISPELL CITY -COUNTY PLANNING BOARD AND ZONING COMMISSION
JUNE 11, 1996
1. Does the requested zone comply with the Master Plan?
In general, the proposed amendment furthers the goals of the Master Plan by
providing transitional housing to disadvantages people within the community.
The document does recognize that "Shelter is one of man's basic needs.
Providing shelter to adequately house the present and future population of an
area is one of the community's greatest concerns."
2. Is the requested zone designed to lessen congestion in the streets?
No significant impact could be anticipated on congestion in the streets since
'r many of the people who find themselves in a transient, indigent situation do
not own cars.
3. Does the requested zone give reasonable consideration to the character of the
district?
A low density multi -family residential district is a district that is intended to
provide areas for multi -family dwellings and compatible non-residential uses
which would generally result in low traffic volumes and non -intrusive impacts.
A shelter functions similarly to a community residential facility or boarding
house, and would be compatible with other uses that would be allowed within
the district.
4. Will the requested zone secure safety from fire. panic and other dancers?
No obvious impacts to security from fire or other emergencies can be directly
associated with this proposal. However, residents within an neighborhood may
feel that their personal safety could be compromised because of the indigent
situation of some people who might use a shelter.
5. Will the requested change promote the health and zeneral welfare?
The proposed change would promote the health and welfare of a segment of
the community, by providing a public service, filling a need in the community
to provide adequate shelter, for those seeking temporary, transitional and low
cost housing.
6. Will the requested zone provide for adequate light and air?
The proposed amendment would not affect development standards relating to
light and air. These are generally addressed with setbacks, density limits,
height limitation and lot coverage standards.
7. Will the requested zone prevent the overcrowdinFr of land?
It does not appear that the proposed use would have a specific effect on the
intensity of land uses since the apartment district in which this change is
proposed would anticipate multi -family residences.
8. Will the requested zone avoid undue concentration of people?
Again, this amendment does appear to affect density or the intensity of land
use which would be addressed by the underlying district.
9. Will the requested zone facilitate the adequate provision of transportation,
water, sewerage, schools, parks, and other public requirements?
Generally, a residential apartment district would be located in an area that is
close to public services and transportation. It does appear that the zone
would provide the necessary infrastructure to accommodate the use.
10. Does the requested zone give consideration to the particular suitability_ of the
property for particular uses?
It does appear that the requested zone gives adequate consideration for the
particular suitability of the residential apartment district for shelters. Within
the residential districts there are currently allowances for community
residential facilities which can accommodate many sectors of the community
which have special needs such as the disabled, the elderly, youth foster
homes, homes for unwed mothers, safe homes and group homes for battered
women and halfway houses. This facility would add another dimension with the
district to accommodate people with special needs: those who are homeless or
in need of transitional housing.
11. Will the proposed zone conserve the value of buildings?
Properly constructed and managed, a shelter facility would be able to conserve
the value of the buildings.
12. Will the requested zone encourage the most appropriate use of the land
throughout the jurisdiction?
The most appropriate use of land results in situations where conflicts between
uses are minimized. Minimal conflicts can be anticipated with appropriate
conditions of approval attached to the construction of a shelter facility.
H:\...\TRANS MIT\1996\KZTA96-2.SAM
S,kMARITANZ HOUSE, INC.
TEXT ANMNDNMW TO THE KAI, SPELL ZONING ORDNANCE
FRDO STAFF REPORT #KZTA-",
MAY 31� 1.1 }.
1;
beginning at 7:00 p.m. A recommendation from the Planning Board will be forwarded to the
Kalispell City Council for final action.
BACKGROUND O L-MON 4
A. Petitioner: Samaritan House, Inc.
P.O. Box 592
Kalispell, MT 59901
(406)257-5501
B. ProposedAmendment:
A request has been made by the Samaritan Rouse, Inc. for an amendment to the text of
the Kalispell Zoning Ordinance, Section 27.09.030, Condkionall Permitted Uses in the
RA-1, Low Density Residential Apartment District to allow "Ilters." Additionally,
a request for an amendment to Section 27.26.050(47), parking requirements for shelters,
from the current "one per two beds" to the proposed "one per live occupancy units."
B. Effected Zoning Districts:
All of the RA-1, Low Density Residential Apartment Districts, within the City of
Kalispell would be affected by the proposed amendment to the district regulations, and
all districts which allow "Shelters" as a permitted or conditionally permitted use would
be affected by this change. Currently, the following districts allow shelters as a
conditionally permitted use: B-5, Industrial -Commercial; B-4, Central Business District
and the B-2, General Business District. i
C.. Staff Consideration and Discussion of the Proposal:
Background:
The Samaritan House has applied for an amendment to the Kalispell Zoning Ordinance
to allow shelters in the RA-1, a Low Density Residential Apartment District. Currently,
Samaritan House operates a homeless shelter in this district which was established prior
to the adoption of the current zoning ordinance in 1t•
Formal consideration was given to this issue by the City staff and the Kalispell City -
County Planning Board in June of 1990 when the matter arose with a proposal to place
a shelter in an R-4 zoning district. A copy of the minutes from that meeting is included
as back-up information with this staff report.
In brief, the City Attorney responded to an inquiry from Mayor Roger Hopkins regarding
the definition of a homeless shelter under the zoning regulations. A letter from the
Attorney's Office dated May 7, 1990 to Mayor Hopkins stated that a shelter would more
closely fall into the category of "rooming house" or "boarding house" since the category
of "shelters" was not included in the zoning regulations.
This matter moved forward for a formal interpretation by the Planning Board. As you
know after reading the minutes, the current Kalispell Zoning Ordinance was in the
process of being updated and included shelters in several business districts. The Board
made a motion that was based unanimously on a roll call vote that a shelter was most
similar to a boarding house and as such would be allowed in the RA-1, RA-2 and RA-3
zoning districts.
Since that time, the Kalispell Zoning Ordinance has been amended and specifically
defines a "shelter" and places them in specific zoning districts as a conditionally
- permitted use. The current regulations define a "Shelter" 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. See also
Boarding House, Incidental. "
In referencing Incidental Boarding House, this is 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 is used for living purposes and is devoted to such
occupancy. This definition shall also apply to shelters for battered women or other
individuals affected by domestic abuse provided no more than three adults other than the
resident family are residing in the house at any one time. "
In referencing Boarding {Lodging or Rooming} House, this is defined as "A building, or
portion thereof, other than a hotel, rest home, or home for the aged where lodging
and/or meals exclusive of the operator's immediate family are provided for
compensation. "
A clear distinction is made between a boarding house, which is operated for
compensation in a non -transient situation, and a shelter, which provides a public service
to transient or homeless individuals.
2
Discussion of the Proposed Amendment:
In considering the appropriate location for certain specific uses, the first task is to define
exactly in what use category it can be placed. In seeking to find similar uses, to assess
their appropriate location and potential impacts it is helpful to examine how specific uses
are defined. Shelters and boarding houses have been defined above. Another use which
could be considered somewhat similar and about which there has been significant
discussion and some case law are "community residential facilities."
The Kalispell Zoning Ordinance refers to Section 76-2-411, M.C.A. in the definition
section of the ordinance. This section defines "community residential facility" as
follows:
1. A community group home for developmentally, mentally or severely disabled
persons which does not provide skilled or intermediate nursing care;_k
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
dependent persons; or
4. A licensed adult foster family care home.
Section 76-2-412 states that a foster or youth group home or a community residential
facility serving eight or fewer persons is considered a residential use of property for
zoning purposes if the home provides care on a 24 hour basis. This section also states
a city or county may require a conditional use permit in order to maintain a home.
Community residential facilities, group homes and foster family care homes can provide
services to many sectors of the community which need social services such as a battered
women's home, a home for unwed mothers, recovering substance abusers and neglected
/ abused children.
Under the current zoning regulations, community residential facilities serving eight or
more persons is a conditionally permitted use in the RA-1, RA-2 and RA-3 zoning
districts. Community residential facilities serving eight or fewer persons are
conditionally permitted in the R-1, R-2, R-3, R-4, R-5, RA-1, RA-2 and RA-3 zoning
districts. Essentially, all of the residential zoning districts. i
When considering the appropriate location of "shelters" it would appear that this is a
specific sector of society that has special needs which are different from group homes,
community residential facilities and foster homes. It would appear that a "shelter" is less
residential in nature than would be some of the other uses discussed because it would
serve a short-term housing need which is not intended to become permanent. Boarding
houses, group homes and community residential facilities generally function as a
permanent residence for most of the residents.
3
In attempting to research how to best handle this social and planning issue, sta"'
researched what limited written material was available. Most publications deal wi
group homes, community residential facilities and half -way houses for recover'
alcoholics and drug abusers, which as previously discussed, are generally treated as ro
residential use. Very little information was available on "homeless shelter" either fro
the American Planning Association or from the Department of Commerce Communil
Technical Division in Helena.
Hence, by contacting other communities in Montana and elsewhere in the area, staff was
able to obtain some idea how this issue has been addressed. Findings are as follows:
Missoula - Does not address shelters at all. There is an existing shelter in the
downtown area which operates as a non -conforming use. Other temporary rooming
facilities are available for battered women.
Billings - Not specifically listed, but would be allowed in the CBD, highway commercial
and industrial zones.
Bozeman - A shelter is not specifically listed, the information which was received
indicated that they would be treated the same as a group home, permitted in the multi-
family and conditionally permitted in single-family districts. ,
Butte - Recently examined their zoning regulations to address this issue. One and two
family residential - not allowed. Multi -family - allow a transitional facility with
counseling as a conditional use. Missions and philanthropic udes are permitted in the
CBD.
Great Falls - Shelters are not specifically listed, but may be able to fall under the
category of rooming houses and boarding houses.
Spokane - Allows shelters in the CBD and less restrictive zones. No off-street parking
is required. Battered women's shelters, the Salvation Army and alcoholic treatment
facilities are treated as a group home. Parking is based on staffing.
Boise - Shelters would be allowed in the CBD subject to design review. Also would be
allowed in other commercial, office/neighborhood zones wit a conditional use permit.
Not permitted in single family or multi family residential districts.
It appears that most other jurisdictions are slightly more accommodating for the use of shelters
in that many allow them as a permitted use in the central business districts or other business
districts, whereas, Kalispell requires a conditional use permit. Other jurisdictions are much
more accommodating than Kalispell in that shelters would be considered as a rooming house or
boarding house and would be allowed in more multi -family and even some single-family zoning
districts as a conditionally permitted use.
4
Many of the people who find themselves at a homeless shelter are indigent, destitute and
penniless. Most would not own a vehicle. In examining the current requirements under the
Kalispell Zoning Ordinance of one space per two beds, this seems by any analysis that the
current need for one vehicle parking space per bed seems excessive and unreasonable.
The statutory basis for reviewing a change in zoning is set forth by 76-2-205, M.C.A. Findings
of fact for the zone change request are discussed relative to the itemized criteria described by
76-2-203, M.C.A. This analysis will cover both proposed amendments, allowing shelters in the
RA-1 district and a reduction in parking requirements.
1. Does the requested zone comply with the Master Plan?
Although the Master Plan has devoted a large section to "Housing," no specific mention
regarding people with special housing needs appears to exist. The document does
recognize that "Shelter is one of our man's basic needs. Providing shelter to adequately
house the present and future population of an area is one of the community's greatest
concerns. "
2. Is the requested zone designed to lessen congestion in the streets?
No significant impact could be anticipated on congestion in the streets since many of the
people who find themselves in a transient, indigent situation do not own cars.
3. Does the requested zone give reasonable consideration to the character of the district?
A low density multi -family residential district is a district that is intended to provide
areas for multi -family dwellings and compatible non-residential uses which would
generally result in low traffic volumes and non -intrusive impacts. The transient nature
of a shelter in relation to a community residential facility, group home or multi -family
housing unit could create conflicts because the facility itself does not promote a
"permanent residence." Allowing shelters in a residential district has the potential to
create conflicts because of the transient nature of the occupants.
4. Will the requested zone secure safety from fire, panic and other dangers?
No obvious impacts to security from fire or other emergencies can be directly associated
with this proposal. However, residents within an neighborhood may feel that their
personal safety could be compromised because of the indigent situation of some people
who might use a shelter.
5
5. Will the re ue ted chapae r)romote the health and eeneral welf re?
The proposed change may promote the health and welfare of a small segment of the
community, i.e. those in need of a shelter. However, it would appear that some of the
needs of people who would use a shelter could be met in another way, such as a group
home for battered women, a community residential facility for unwed mother or a half-
way house for recovering alcoholic or drug abusers in a residential area. The needs of
the transient and indigent appear that they would best be met through a traditional
homeless shelter in an area that is close to public services and transportation.
6. Will the requested zone provide for adequate light and aif?
The proposed amendment would not affect development standards relating to light and
air. These are generally addressed with setbacks, density limits, height limitation and
lot coverage standards.
7. Will the requested zone prevent the overcrowding of land?
It does not appear that the proposed use would have a specific effect on the intensity of
land uses since the apartment district in which this change is proposed would anticipate
multi -family residences.
8. Will tie requested zone avoid undue concentration of people?
f Again, this amendment does appear to affect density or the intensity of land use which
would be addressed by the underlying district.
9. Will the requested zone facilitate the adequate r vision of tram2oKlation,water,
sewerage, schools, parks, and other public requirements?
Generally, a residential apartment district would be located in an area that is close to
public services and transportation. It does appear that the zone would provide the
necessary infrastructure to accommodate the use.
10. Does the re uested zone give consideration to the particular suitability of the ro
for particular uses?
It does not appear that the requested zone gives adequate consideration for the particular
suitability of the residential apartment district for homeless shelters. Within the
residential districts there are currently allowances for community residential facilities
which can accommodate many sectors of the community which have special needs such
as the disabled, the elderly, youth foster homes, homes for unwed mothers, safe homes
and group homes for battered women and halfway houses. The special needs of the
0
"homeless" would appear to be better able to be accommodated in an area which would
anticipate a transient rather than permanent residency.
11. Will the proposed zone conserve the value of buildings?
There is a potential that some buildings may be considered less desirable in a residential
area if there was a shelter in the neighborhood. Whether the actual value of a building
would actually be depreciated by allowing a shelter in a residential apartment district
would depend on how the facility was operated and maintained, as with any other use.
12. Will the requested zone encourage the most appropriate use of the land throughout the
jurisdiction?
The most appropriate use of land results in situations where conflicts between uses are
minimized. A shelter does not appear to be most appropriately placed in a residential
district specifically because of the transient nature of the people occupying the facility.
A more permanent residential setting would be appropriate such as halfway houses,
boarding houses, group homes, etc. which are permitted. The transient nature of a
shelter is more rightly located in an area that would allow hotels and motels as well as
public and social services.
- This issue of how to accommodate a person who needs shelter for a day, a week or a month is
a social issue that we struggle with as a nation and as a community. It is a reflection of the
social values of a culture. As we seek to accommodate special needs, we find ways which work
in some situations and ways which do not work in others. As a staff member researching and
writing this report, it has been a constant struggle in balancing compassion for those less
fortunate with the "public interest." In researching this matter, it appears that there are many
other ways that those unfortunates in our community can be accommodated besides a shelter.
It appears that group homes and community residential facilities sponsored through many of the
fine social service groups in this community can provide a more long term solution to someone
needing shelter. A shelter, by definition, provides temporary board to the transient, homeless
or indigent. Although the current applicant may provide a broader range of services,
consideration has to be given to how the amendment would affect the zoning within the city as
a whole. Hence, it does not appear appropriate to allow shelters in residential districts.
On the other hand, with regard to the proposal to amend the parking, requiring one space per
two beds seems truly excessive. As proposed and as has been demonstrated through practice,
a ratio of one space per five units appears more reasonable. Note that in other jurisdictions that
have dealt specifically with shelters, they do not require parking or would only require parking
for staff.
7
The Flathead Regional Development Office would recommend that the Kalispell City -County
Planning Board and Zoning Commission adopt Staff Report KZTA-96-5 as findings of fact ant,
recommend to the City Council the following:
1. Deny the proposed zoning text amendment to allow shelters as a conditionally permittet
use in the RA- 1, Low Density Residential Apartment District; and
2. Approve the proposed amendment of the proposed zoning text amendment to change the
parking requirements from "one space per bed" to "one space per five units."
H:\...\KZTA\96\KZTA96-2.RPT