04-12-16 - Regular MeetingKALISPELL CITY PLANNING BOARD & ZONING COMMISSION
MINUTES OF REGULAR MEETING
APRIL 129 2016
CALL TO ORDER AND ROLL
The regular meeting of the Kalispell City Planning Board and
CALL
Zoning Commission was called to order at 7:00 p.m. Board
members present were: Chad Graham, Charles Pesola, Rory
Young, Steve Lorch, Matt Regier, Doug Kauffman and Karlene
Osorio-Khor participated via teleconference. Tom Jentz, Jarod
Nygren and PJ Sorensen represented the Kalispell Planning
Department.
APPROVAL OF MINUTES
Lorch moved and Pesola seconded a motion to approve the
minutes of the March 8, 2016 meeting of the Kalispell City
Planning Board and Zoning Commission.
VOTE BY ACCLAMATION
The motion passed unanimously on a vote by acclamation.
PUBLIC COMMENT
None.
SPARROW'S NEST
A request by Sparrow's Nest of Northwest Montana, for a
COMMUNITY RESIDENTIAL
conditional use permit for a Type 1 community residential facility
FACILITY
(group home) within the RA-1 (Residential Apartment) Zoning
District. The property is located at 204 7`h Avenue West.
STAFF REPORT
Jarod Nygren, representing the Kalispell Planning Department
reviewed the staff report for the board.
Nygren noted that community residential facilities are permitted
provided a commercial use permit is obtained. This facility would
provide a home for eight homeless high school students with an
adult 24 hour on -site manager.
Nygren reviewed the location of the property, zoning &
surrounding zoning, the historical use of the property, and a
review of the site. Nygren added when used by the church no
additional on -site parking was required and there is not any space
on the property where additional on -site parking could be located.
The building is approximately 6600 square feet, with a main floor
and basement which Nygren reviewed.
One letter was received which discusses the proposed land use and
the negative impacts on the surrounding community (copy
attached). Nygren noted that the Sparrow's Nest team has
conducted outreach to the neighbors letting them know what is
proposed for the building.
Nygren said typically group homes are statutorily protected by
state law, however this use will not be licensed and was reviewed
by staff as a single-family home. No additional requirements will
Kalispell City Planning Board
Minutes of the meeting of May 10, 2016
Page d
be placed on this use.
Staff recommends that the Kalispell Planning & Zoning
Commission adopt staff report #KCU-16-01 as findings of fact
and recommend to the Kalispell City Council that the conditional
use permit be approved subject to the four conditions in staff
report.
BOARD DISCUSSION Young noted the staff report indicates that there will be no impact
on sewer services and shouldn't it say that the city has adequate
capacity and Nygren said it doesn't have an impact because there
is adequate capacity for a single-family use. Jentz clarified single-
family residences can have 8-10 individuals which would be
similar to this use.
Graham noted the letter in opposition talks about the city taping
responsibility and asked what are they referring to? Jentz said
perhaps this person does not quite understand the process that we
go through with a conditional use permit and is frustrated with a
change m the neighborhood. Jentz added there is nothing usual
about this application.
PUBLIC HEARING Jerramy Dear-Ruel — Executive Director of Sparrow's Nest of
Northwest Montana stated according to the National Center of
Homeless Education 1.2 million public school children are
homeless nationwide. There are approximately 2,640 homeless
students in Montana during the 2013-2014 school years. Research
shows 75% of homeless high school students drop out of school.
Sparrow's Nest is an organization in Flathead County that works
with the community to ensure that unaccompanied homeless high
school students have a safe place to sleep at night and to graduate
from high school and become productive contributing members of
the community.
Dear-Ruel provided history of the property for the board and he
noted that they have received tremendous support from the
community.
John Constenius, J. Constenius Architects, South Whitefish,
stated he was pleased to be approached by the Sparrow's Nest to
assist them with the design of their facility. This type of facility is
needed in the community and he and his wife know first-hand,
having taken in a teenage boy for three years who was in desperate
straits so when they came to him he felt the need and calling to
step forward.
Constenius provided additional information on the building and
how they intend to improve it so it fits in the neighborhood, and
details of the floor plan. He concluded it is designed to be a safe
and secure place and also a place where the occupants live in a
Kalispell City Planning Board
Minutes of the meeting of May 10, 2016
Page 12
regulated manner and under the supervision of a staff member.
Alan Ruby, 320 Hilltop Avenue, Kalispell stated over 40 years ago
he was briefly homeless and because of the kindness of strangers it
made a big difference to him, so he can understand this need.
Marcie Bumke spoke to their Rotary a year ago, and he can tell
she has touched a lot of people's lives. Certainly she touched his
and he committed that morning to join the sleep -in which was in
December. It also brought back memories that he would have
liked suppressed. Eight to nine years ago his son had a friend who
would come over to their house almost every night for dinner and
he came to find out that this young man was homeless because his
parents weren't getting along and he was couch surfing and he
would catch a meal here and there.
Ruby said when he found out how pervasive this was and he heard
Marcie speak he thought this is something where the community
can make a difference. They helped raise money and awareness
and look where we are today. They have an extension of the
Samaritan House in his neighborhood where Northridge Lutheran
Church decided to use part of their facility to house a homeless
family under very strict guidelines and Ruby he understands might
be the very same ones or at least similar ones that the Sparrow's
Nest might use at this facility. There have been no negative
repercussions in his neighborhood, and in fact it has only been
positive.
Ruby beseeched this board to recommend approval of the
conditional use permit that would allow this homegrown
community solution to a very real problem in our community. We
can make a difference.
Rick Weaver, 276 Cardinal Lane stated they have also met some
of the kids who would be considered homeless and he can say that
most of the kids are homeless through no fault of their own. If you
want to hold someone responsible, hold their family or adults who
are supposed to be helping those kids get through life. This would
be a safe haven for the kids to go to. These are not trouble kids
that have been kicked out of their homes, they have been booted
out of their house because their parents have had problems and
they are good kids.
Weaver said that he grew up on 70' Avenue West, before the
church was built in 1970, and within one block of their house they
had two neighbors who had more than eight kids and neither house
was 6000 square feet, in fact he is sure they were about 1200
square feet with only one bathroom. Knowing some of the kids
that have gone through this problem he doesn't see it being a
trouble spot for the neighborhood on 7"' Avenue West.
Kalispell City Planning Board
Minutes of the meeting of May 10, 2016
Page 13
Marcie Bumke, 55 West Brier Court, Kalispell, Chairperson for
Sparrow's West, Northwest Montana thanked everyone in
attendance and asked all who are in support of Sparrow's Nest to
stand. Only one person in the room of approximately 50 people
did not stand up.
MOTION Lorch moved and Kauffman seconded a motion to adopt Staff
Report KCU-16-01 as findings of fact and recommend to the
Kalispell City Council that the conditional use permit be approved
subject to the four conditions in staff report.
BOARD DISCUSSION Karlene Osorio-Khor said one of the very first meetings she
attended as a member of this board was a group home for the
Montana Academy and there were neighbors who were concerned
and worried about what this would mean to their neighborhood,
which was very little. Neighbors became neighborly and did not
see a threat by these young people living there. Sparrow's Nest
would serve the entire community and it is sad that our children
are sometimes expendable and this effort will make certain that
they are not expendable, that we as a community want to address
this problem, and she applauds the founder and all of the people
who worked so hard and she will heartily vote to approve this
conditional use permit. It is really needed and she is glad to see
this project move forward.
Pesola said he would also like to reiterate what Ms. Osorio-Khor
said and he thinks that Marcie and the rest of the crew have done a
phenomenal job with a program that is well needed in our
community and beyond. You are doing a great job and the location
of this property is will facilitate kids being able to continue going
to school without transportation. He thanked the Tanko family for
donating the building and thank you for seeing a need and filling
it. There is an old saying that says "It takes a village" and he is
glad to be able to vote in support of this organization and this
facility.
Graham also agreed with Ms. Osorio-Khor in that several years
ago the board reviewed a couple of the Montana Academy group
homes and there were a lot of concerns when they came through
and no problems came up. He sees this as a benefit to this area and
he commends Ms. Burnke and everyone who has worked so hard.
Graham asked for the objective of the program and Dean-Ruel
said the objective is to assist them to graduate, and they would not
live there indefinitely. After graduation they will hook the kids up
with community resources for college or help them land a good
job. There is some discussion to set them up with apartments in
the future.
Graham asked the youngest age of the kids who would live
Kalispell City Planning Board
Minutes of the meeting of May 10, 2016
Page 14
and Dean-Ruel said high school age, 14-15 on up, and the length
of stay would be on a case -by -case basis. The main point is to try
and get parental or guardian consent for them to be at the house
and if all of the options with family are exhausted then they would
refer them to Child Protective Services.
Lorch said he doesn't want to be dismissive as a board of the
gentleman who wrote the letter with some obvious real concerns
and he hopes that this person has had the opportunity to see the
support of the community. Lorch said he would fully expect that
the Sparrow's Nest organization is going to be a good neighbor
and hopefully reach out, and if there are any major problems that
there will be a conversation between neighbors.
ROLL CALL I The motion passed unanimously, on a roll call vote.
ZONING ORDINANCE TEXT A request from the City of Kalispell for a series of updates to the
AMENDMENTS zoning ordinance. Every few years, the City initiates a set of text
amendments to improve wording, clarify sections of the ordinance
where needed, to address new technologies and changes in the
community and to keep the ordinance operating in an effective,
user-friendly manner.
STAFF REPORT I PJ Sorensen, representing the Kalispell Planning Department
reviewed staff report #KZTA-16-02 for the board.
Sorensen reviewed the following amendments: (Additional
information can be reviewed in the staff report on the city's
website)
1) Increase maximum heights in all H, B, I and P zones from 40
feet to a proposed 60 feet and providing for a conditional use
permit for heights above 60 feet;
2) Increase the maximum height in the RA-1 zone from 35 feet to
40 feet;
3) Eliminate the current CUP requirements for additional height;
4) Reducing certain accessory structure setbacks when the
structure is located to the rear of the primary building;
• There was some discussion regarding the possibility of
allowing two structures meeting on the property line, with
0 setbacks and Sorensen said building codes would take
care of most of these issues. Lorch asked for further
clarification, which Sorensen provided. Sorensen added in
the older part of town there are hundreds if not thousands
of non -conforming accessory structures in the back yard
and this change would allow owners to do major repairs
Kalispell City Planning Board
Minutes of the meeting of May 10, 2016
Page 15
without the previous need to tear down the structure and
move it back 5 feet to meet the setback. Further discussion
was held.
5) Clarify the ability to co -locate cellular service antennae;
6) Clarifying size requirements for site built as opposed to
manufactured homes;
7) Reducing the required parking for multi -family dwellings from
2 spaces to 1.5 spaces per unit;
8) Clarify existing language within the off-street parking design
chapter to provide more consistency;
9) Change the measurement line for site lighting from the right-of-
way line to the curb line;
10) Changing the responsibility of providing property ownership
lists from the applicant to the City;
11) Explicitly including doggic day-care within the definition of
kennels;
12) Reduce parking requirement for Core Area Zone by 50%;
13) New regulations pertaining to VRBO and similar uses in
residential zones;
• Sorensen reported they researched how VRBO's are
handled in Whitefish and in Colorado and borrowed a lot
of language from the Whitefish ordinance that they had
just adopted. Staff also considered the comments and
concerns that the board had and what staff took from that
work session is that they were comfortable in allowing
VRBO's if there was an administrative conditional use
permit and certain restrictions were in place.
Sorensen reviewed the proposed changes.
There was discussion regarding the posting of a contact
person's name and phone # on the outside of the VRBO to
handle any issues that may come up.
Osorio-Khor asked if the VRBO's would be located in
residential areas or in commercial areas and Sorensen said
residential areas. She said the reservations are usually
placed through the internet and a requirement is that there
be a number for 24 hour contact. Is this posting of the
contact information for the neighbors or the renters and
Kalispell City Planning Board
Minutes of the meeting of May 10, 2016
Page 16
Lorch said for the neighbors?
Lorch noted staff did a good job addressing the concerns of
the board regarding VRBO's
14) Expanding allowed microbrewery uses to include wineries,
distilleries, and tasting rooms; and
15) Clarify existing language relating to casinos.
PUBLIC HEARING
No one wished to speak and the public hearing was closed.
MOTION
Kauffinan moved and Pesola seconded a motion to adopt Staff
Report #KZTA-16-01 as findings of fact and recommend to the
Kalispell City Council that the proposed amendments be adopted
as provided in the staff report.
BOARD DISCUSSION
Young agreed staff did a good job on these amendments.
Jentz noted he had just attended a conference that specifically
addressed VRBO's and he shared what he learned with the board.
Additional discussion was held regarding enforcement.
Osorio-Khor noted when properties do not fulfill the promise of
how they are advertised they do get rating on the internet sites and
people will just not rent them anymore, which is a type of self -
regulation. She feels that VRBO standards in place for the
business districts should be the same for these businesses in
residential districts.
ROLL CALL
The motion passed unanimously, on a roll call vote.
OLD BUSINESS:
SOUTH KALISPELL URBAN
CTA Architects was hired to update the South Kalispell Urban
RENEWAL PLAN
Renewal Plan. The urban renewal plan was first adopted in 1996
and addressed a host of issues, many of which have been
accomplished. CTA has now completed the plan update. The plan
contains an executive summary, a series of recommendations for
the South Kalispell area and provides 5 different scenarios for the
future of the airport property. The 5 scenarios include keeping the
airport and management as it is today using city funding to
maintain the operational status of the airport, closing the airport,
requesting FAA funding for the airport, incorporation of the airport
property into an Airport Authority and finally privatizing the
airport. The plan boundary is generally bound by 18th Street to the
north, Cemetery Road to the south, Airport Road to the West and
U.S. 93 to the east.
Kalispell City Planning Board
Minutes of the meeting of May 10, 2016
Page 17
STAFF REPORT & BOARD Tom Jentz, representing the Kalispell Planning Department
DISCUSSION provided an overview of the planning process to -date and the
board's modifications that have been incorporated into the South
Kalispell Urban Renewal Plan.
• The depreciation that was shown on Page 25, Figure 15
was moved to the Appendix for ease of the reader.
• Alternative 2, Page 30, specifically spoke to if the airport
was closed. The consultants went through and verified
their numbers to buyout those leases and decominission the
airport which is $3.1 million.
• Alternative 3, page 34, which was to keep the airport as it
is but to seek FAA funding for basic improvements
necessary to keep the airport open as a B-1 airport. The
option of seeking FAA funding is not realistic at this point.
Young asked why the funding was taken out of the report as he
thought the change would clarify that the B-1 airport was taken
off the table because of the referendum but the table would be
a way to look at what the costs would be for improvements to
a B-2 airport. Jentz noted the Pro Forma for Alternative 3 is
on page 73 of the Appendix. Further discussion was held.
There was lengthy discussion on the plan being focused on the
airport, and material that was gathered prior to the referendum and
Lorch and Osorio-Khor felt it was not complete. Young and
Kauffman also agreed.
Graham noted that the board's job is not to go through the plan in
detail and select a viable option but to decide if this study falls
within the parameters of the growth policy.
Jentz said the consultant was tasked with looking at the South
Kalispell area and developing five scenarios for the airport. Jentz
noted that the airport is a key component in what happens in the
rest of South Kalispell. Council will ultimately make a decision of
what scenario to select. Jentz added the consultants prepared the
plan based on the scope of work that was provided to them and he
feels that was accomplished. The board is now charged with
making a recommendation to the city council on whether or not to
adopt the plan.
Osorio-Khor stated that she cannot support the plan, and she will
be voting against it.
Further discussion was held on areas that the plan is lacking,
extending the leases at the airport in a effort to reduce the amount
of buy back, the TIF district v. the plan area, the airport options,
and the process from this point.
Kalispell City Planning Board
Minutes of the meeting of May 10, 2016
Page 18
Jentz reminded the board that this is not a brand new South
Kalispell Renewal Plan, the original document was written in
1996, had 5 points and the focus of the plan was to remove the
athletic facilities from around the airport and use those lands to
develop and redevelop for commercial uses, which it did and the
proceeds from all those sales were reinvested back into the airport.
Now we are at a point that we are updating an existing plan,
focused on what to do with the TIF monies and what to do with
the airport. The area was expanded to all of South Kalispell to try
and benefit from having a consultant who was already looking at
the airport.
Kauffman noted there is a typo on page 18 that states the Libby
airport is 48 miles away from the Kalispell City Airport which is
much further. Jentz noted staff would take a look at that.
Lorch noted on page 16, bottom left states: Alternative 3 was
explored as ARC BI standard improvements option but the FAA
indicated funding would not be available... Larch suggested that
the wording be changed to stronger language such as funding
cannot be available. Jentz said the statement was correct and
explained the staff was in contact with the FAA, however the
contractor was not and they explored it as far as they could. Lorch
said it should say the same thing throughout.
Osorio-Khor asked if there was any interest from the board in
taking this back to a work session and do some more work on it
and Graham said no because the work that she is suggesting is
outside the scope of what the city council told this engineer to do.
QUESTION & ROLL CALL The vote to discontinue discussion and approve the motion was
approved on a roll call vote of 5 in favor and 2 opposed.
The board recommends to the city council that the April 2016
South Kalispell Urban Renewal Plan is found to comply with the
Kalispell Growth Policy and should be forwarded onto the city
council for final consideration and action. The motion was
approved on a roll call vote of 5 in favor and 2 opposed.
NEW BUSINESS: Jentz noted there will be meeting on a CUP for several
townhouses on Northwest Lane near the middle school; an agency
exemption from FVCC for student housing on campus; and a work
session on the courthouse couplet on May 10, 2016. The meeting
will begin at 7:00 p.m.
President Graham presented a certificate to Matt Regier for his
service on the planning board. He thanked him for his service.
Osorio-Khor stated she feels that Mr. Regier has served the board
very well and she personally has appreciated his work and his
Kalispell City Planning Board
Minutes of the meeting of May 10, 2016
Page 19
reasonable approach to planning. She thanked all board members
and Tom .lentz for affording her this opportunity to serve on the
board via teleconference.
ADJOURNMENT I The meeting adjourned at approximately 9:30 p.m.
NEXT MEETING The next regular planning board meeting is scheduled for May 10,
2016 beginning at 7:00 p.m. and located in the Kalispell City
Council Chambers, 201 1" Avenue East, Kalispell.
Chad Graham
President
APPROVED a submitted/ orrected: '5 1 /0 /16
Michelle Anderson
Recording Secretary
Kalispell City Planning Board
Minutes of the meeting of May 10, 2016
Page 110
Michelle Anderson
From: Neil Staab [neilst@verizon.net]
Sent: Monday, April 11, 2016 925 PM
To: Michelle Anderson
Subject: Sparrows Nest Project at 7th ave w and 2nd street
Gentlemen
Received your letter describing the proposed boys shelter you are planning to open on the property facing 2nd street
just east of 7th ave w.
1 have a question about the large number of homeless high school students
Where did they come from and how did they wind up in Kalispell??
Have we had several hundred parents killed and these kids are left with no place to go??
Is there no family that they can be relocated with that can help them get through high school??
Why MUST they stay in Kalispell and remain OUR problem??
Our property is very close to that location and we have several concerns regarding your proposed project. We have
been in the house since the late 40's's and have been a part of the neighborhood structure since then. We in the
neighborhood have never had the desire to turn it into a homeless shelter area or a high crime area. It is unthinkable for
you to dictate that our neighborhood be converted into a homeless shelter without our consent just because you can.
When you have shelters for your homeless high school students in each and every one of your blocks THEN you can
expect me to consider helping out.
As 1 understand your proposal you plan to
• provide housing for only 8 of the 347 current homeless high school students that have no adult supervision
• there will only be one adult on site only to monitor and supervise the 8 boys only with the confines of the house
• there will NOT be any adult supervision provided outside the confines of the house
• the boys will be allowed to go and do as they wish once outside of the confines of the house
My concerns are
• we already have at least two homeless shelters within a couple of blocks of this proposed site (makes you
wonder if your intent is to turn the west side into a homeless area)
• who is responsible for these boys outside the confines of the house
• who is accountable, both financial and legally, for the actions of the boys outside the confines of the house
• who will make restitution for any loss or property damage caused by the boys
• who believes that there is no risk for the homeowners close to this home when there is absolutely no planned
supervision outside the house
• are we expected to put steel crash bars on all our doors and windows in an effort to harden our property and
safeguard our possessions?
• who is going to pay for the materials we need to harden our property so we don't lose everything not bolted
down?
The plan you have proposed is unacceptable because you have not taken reasonable precautions to provide supervision
of these homeless boys sufficient to ensure they WILL NOT steal, damage, or destroy any property of possessions of the
residents living close to this house.
Your plan does not identify the person(s) or department / agency that is accountable for any wrongdoing or damage that
is incurred by the local homeowners
And you are creating this high level of risk for the sake of 8 of 347 homeless high school kids, seems like little benefit for
that large risk
And you are having literally no impact on the homeless high school student problem.
Your efforts would be better served selling that property, or using it for something else, and using the money to
purchase or build bunkhouses / barracks that can house a larger segment of the 347 homeless you are accepting
responsibility to serve. I assume that you plan to soon house all 347 of the homeless high school students. Do you plan
to donate more of the housing on the west side to the homeless? And what are the homeless high school students
going to do to earn the right to live in the house and to pay back the cost of living there?
Have you noticed that the other shelters for teenagers REQUIRE an adult parent be present to provide supervision and
guidance for the teenager and to be accountable for the teenagers actions. There is a common sense, legal, and moral
reason for that, something you need to take notice of and a responsibility you need to accept.
It has been my experience that GIVING away things for free only provides you the opportunity to give any more for free.
This free program will attract every homeless person of high school age to Kalispell so they can have a place to live. And
how long will it be before the residents are expected to pay for this housing, food, clothing, transportation, and
whatever else is needed. The unexpected consequences will be huge and will soon outpace your ability to keep up with
the costs and management efforts.
You in P&Z are taking the actions that are setting up a situation to bring unsupervised teenagers to our neighborhood
through the actions of your board and in my mind are responsible for the consequences of your actions!!
My suggestion, find a better way and a better place to do this with less potential damage and consequences
Better yet, do it in YOUR back yard, block, or neighborhood
And if you are not willing to do it on your block why should I be REQUIRED to do it on my block just because you say so??
This is your plan, your idea, your responsibility. You cannot shift the responsibility, accountability, and blame onto
Sparrows Nest--- it is YOUR doing!!
Thank you for the chance to voice my comments
Neil Staab
PA