H6. Ord. 1866, Marijuana Text AmendmentKALisPEii.
Development Services Department
201 1st Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.kalispell.com/plannine
REPORT TO: Doug Russell, City Manager
FROM: PJ Sorensen, Senior Planner
SUBJECT: KZTA-21-03 — Zoning Text Amendment —
Marijuana Zoning Regulation
MEETING DATE: October 4, 2021
BACKGROUND: In the election of November 2020, a ballot initiative was approved by the voters
to allow for recreational marijuana use within the State of Montana. Subsequently, the state
legislature passed House Bill 701 providing the framework for marijuana regulation in Montana.
Local jurisdictions are provided some latitude to adopt zoning regulations specifying appropriate
zones and criteria for those facilities, but they must be provided for given the new legislation. The
legislation will allow facilities to begin operating January 1, 2022, and the City should have zoning
regulations in place prior to that date. Therefore, the City of Kalispell has submitted a request for a
text amendment to the Kalispell Zoning Ordinance to adopt zoning regulations related to marijuana
dispensaries, cultivation, and manufacturing. The framework for this proposed zoning text
amendment was discussed at two City Council work sessions on June 14 and 21, and at a Planning
Board work session on August 10.
The Kalispell Planning Board held a duly noticed public hearing on September 14, 2021, to consider
the request. Staff presented staff report KZTA-21-03 providing details of the proposal and evaluation.
Staff recommended that the Planning Board adopt the staff report as findings of fact and recommend
to the Council that the request be granted.
No public comments were received at the hearing. The public hearing was closed, and a motion was
presented to adopt staff report KZTA-21-03 as findings of fact and recommend to the Kalispell City
Council that the zoning text amendment be approved. Board discussion concluded that the request
was appropriate, and the motion was approved on a 6-1 vote.
RECOMMENDATION: It is recommended that the Kalispell City Council approve the first reading
of Ordinance 1866, an ordinance to amend various sections of the City of Kalispell Zoning Ordinance
1677, by adding marijuana dispensaries, cultivation, and manufacturing as uses which may be
permitted within certain zones with an administrative conditional use permit and subject to certain
conditions.
FISCAL EFFECTS: There are no anticipated fiscal impacts at this time.
ALTERNATIVES: Deny the request.
ATTACHMENTS: Ordinance 1866
September 14, 2021, Kalispell Planning Board Minutes
Staff Report
Aimee Brunckhorst, Kalispell City Clerk
ORDINANCE NO. 1866
AN ORDINANCE AMENDING THE KALISPELL ZONING ORDINANCE (ORDINANCE NO.
1677), TO ALLOW MARIJUANA DISPENSARIES, CULTIVATION, AND MANUFACTURING
WITHIN CERTAIN ZONING DISTRICTS TO BE AN ADMINISTRATIVE CONDITIONALLY
PERMITTED USE IN THE CITY OF KALISPELL AND DECLARING AN EFFECTIVE DATE.
WHEREAS, the City of Kalispell Planning Department submitted a request to the Kalispell City
Planning and Zoning Commission to consider certain amendments to the Kalispell
Zoning Ordinance regarding allowing marijuana dispensaries, cultivation, and
manufacturing to be administrative conditionally permitted uses in any B or I Zoning
Districts; and
WHEREAS, the Kalispell City Planning Board and Zoning Commission considered the request by the
Kalispell Planning Department, took public comment and evaluated the request pursuant
to the guidelines of KMC 27.29.020; and
WHEREAS, the Kalispell City Planning Board and Zoning Commission forwarded its
recommendation to the Kalispell City Council that certain portions of text of the
Kalispell Zoning Ordinance as set forth in Exhibit "A" attached hereto, regarding the
allowance of marijuana dispensaries, marijuana cultivation, and marijuana
manufacturing in the B and I zoning districts, be amended; and
WHEREAS, the City Council has reviewed the Kalispell Planning Department Report as considered
by the Kalispell City Planning Board and Zoning Commission and the transmittal from
the Kalispell City Planning Board and Zoning Commission and hereby adopts the
findings made in Report #KZTA-21-03, as the Findings of Fact applicable to this
Ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL
AS FOLLOWS:
SECTION 1. The City of Kalispell Zoning Ordinance, Ordinance No. 1677, is hereby
amended as follows on Exhibit "A".
SECTION 2. All parts and portions of Ordinance No. 1677 not amended hereby
remain unchanged.
SECTION 3. This Ordinance shall take effect January 1, 2022.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE
CITY OF KALISPELL THIS DAY OF 12021.
ATTEST:
Aimee Brunckhorst, CMC
City Clerk
Mark Johnson
Mayor
EXHIBIT A
CHAPTER 27.03
APPLICATION OF DISTRICT REGULATIONS
Sections:
27.03.010: Application of District Regulations. Except as otherwise provided herein, the
regulations set by this chapter and Chapters 27.04 through 27.19 shall be the
minimum regulations and all regulations as categorized shall apply uniformly to each
class or kind of structure or land and particularly:
CHAPTER 27.12
B-1 NEIGHBORHOOD BUSINESS
Sections:
27.12.030: Uses Which May Be Permitted By Conditional Use Permit.
(10) Marijuana dispensaries, no larger than 4,000 square feet (Administrative
CUP
Renumber accordingly
CHAPTER 27.13
B-2 GENERAL BUSINESS
Sections:
27.13.030: Uses Which May Be Permitted By Conditional Use Permit.
(12) Marijuana dispensaries (Administrative CUP)
Renumber accordingly
CHAPTER 27.14A
B-3 CORE AREA - BUSINESS
Sections:
27.14A.030: Uses Which May Be Permitted By Conditional Use Permit.
(8) Marijuana dispensaries (Administrative CUP)
Renumber accordingly
CHAPTER 27.14B
B-4 CENTRAL BUSINESS
Sections:
27.14B.030: Uses Which May Be Permitted By Conditional Use Permit.
(10) Marijuana dispensaries (Administrative CUP)
Renumber accordingly
CHAPTER 27.15
B-5 INDUSTRIAL -BUSINESS
Sections:
27.15.030: Uses Which May Be Permitted By Conditional Use Permit.
(8) Marijuana dispensaries (Administrative CUP)
Renumber accordingly
CHAPTER 27.16
I-1 LIGHT INDUSTRIAL
Sections:
27.16.030: Uses Which May Be Permitted By Conditional Use Permit.
(9) Marijuana cultivation (Administrative CUP)
(10) Marijuana dispensaries (Administrative CUP)
(11) Marijuana manufacturing (Administrative CUP)
Renumber accordingly
CHAPTER 27.17
I-2 HEAVY INDUSTRIAL
Sections:
27.17.030: Uses Which May Be Permitted By Conditional Use Permit.
(11) Marijuana cultivation (Administrative CUP)
(12) Marijuana dispensaries (Administrative CUP)
(13) Mariivana manufacturing (Administrative CUP
Renumber accordingly
CHAPTER 27.24
OFF-STREET PARKING DESIGN STANDARDS
Sections:
27.24.050: Minimum Standards By Use.
(7) The following table provides minimum parking standards by use:
Minimum Parking Standards By Use
Mariivana cultivation,
dispensaries, and
manufacturing
Dispensaries: 1 per 300 square feet gross floor area.
Cultivation and manufacturing: 1 per 1000 square
feet gross floor area.
CHAPTER 27.34
ADDITIONAL REQUIREMENTS FOR SPECIFIC CONDITIONAL USES
Sections:
27.34.087: Mariivana Cultivation, Dispensaries, and Manufacturing.
(1) A marijuana dispensar or facility engaged in marijuana cultivation or
manufacturing shall be located a minimum of 300 feet from churches, schools,
parks, and city residential (R or RA) zones, measured from property line to
grope , line.
CHAPTER 27.37
DEFINITIONS
Sections:
27.37.010: Definitions.
(117) Marijuana. Marijuana means all plant material from the genus Cannabis
containingtetrahydrocannabinol (THC) or seeds of the genus capable of germination.
It does not include hemp, including any part of that plant, including the seeds and all
derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers,
whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not
more than 0.3% on a dry weight basis, or commodities or products manufactured
with hemp, or any other ingredient combined with marijuana to provide topical or
oral administrations, food, drink, or other products. The term also does not include a
drug approved by the United States Food and Drug Administration pursuant to
Section 505 of the Federal Food. Druiz_ and Cosmetics Act. 21 U.S.C. 301_ et sea.
(118) Marijuana cultivation. A use operated by a person licensed by the State of
Montana to (a) plant, cultivate, grow, harvest, and dry marijuana, and (b) package
and relabel marijuana produced at the location in a natural or naturally dried form
that has not been converted, concentrated, or compounded for sale through a licensed
dispenser.
(119) Marijuana dispensary. A licensed premises from which a person licensed
by the State of Montana may (a) obtain marijuana or marijuana products from a
licensed cultivator, manufacturer, dispensary, or other licensee approved by the
State, and (b) sell marijuana or marijuana products to registered cardholders, adults
that are 21 vears of aize_ or both.
(120) Marijuana manufacturing. A use operated by a person licensed by the
State of Montana to convert or compound marijuana into marijuana products,
marijuana concentrates, or marijuana extract and package, repackage, label, or
relabel mariivana products.
Renumber Accordingly
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KALISPELL CITY PLANNING BOARD & ZONING COMMISSION
MINUTES OF REGULAR MEETING
SEPTEMBER 14, 2021
CALL TO ORDER AND ROLL
The regular meeting of the Kalispell City Planning Board and Zoning
CALL
Commission was called to order at 6:00 p.m. Board members present
were Chad Graham, Doug Kauffman, Rory Young (zoom), Joshua
Borgardt, George Giavasis, Kurt Vomfell and Ronalee Skees. PJ
Sorensen and Jarod Nygren represented the Kalispell Planning
Department.
APPROVAL OF MINUTES
Skees moved and Vomfell seconded a motion to approve the minutes of
the August 10, 2021, meeting of the Kalispell City Planning Board and
Zoning Commission.
VOTE BY ACCLAMATION
The motion passed unanimously on a vote of acclamation.
HEAR THE PUBLIC
None.
BOARD MEMBER SEATED
Rory Young recused himself.
KA-21-04/KPUD-21-03/KPP-21-07
A request from G23 Properties, LLC for the Parkland Meadows Planned
PARKLAND MEADOWS
Unit Development ("PUD"), which is a Residential Mixed Use PUD
overlay on approximately 38.4 acres of land at the northeast corner of
Airport Road and Cemetery Road. The proposal includes annexation of
the property, initial zoning of RA-1 (Residential Apartment) on
approximately 31.1 acres, and initial zoning of B-1 (Neighborhood
Business) on approximately 7.1 acres, as well as major preliminary plat
approval for the development.
STAFF REPORT
PJ Sorensen representing the Kalispell Planning Department reviewed
Staff Report #KA-21-04, #KPUD-21-03 and #KPP-21-07.
Staff recommends that the Kalispell City Planning Board and Zoning
Commission adopt Staff Report #KA-21-04 as findings of fact and
recommend to the Kalispell City Council that the property be annexed
and the zoning for the property be approved as detailed herein, with
approximately 31.1 acres to be zoned RA-1 (Residential Apartment),
and approximately 7.1 acres that will be zoned B-1 (Neighborhood
Business), with a PUD overlay on the entire property.
Staff recommends that the Kalispell City Planning Board and Zoning
Commission adopt Staff Report #KPUD-21-03 as findings of fact and
recommend to the Kalispell City Council that the PUD for Parkland
Meadows be approved subject to the conditions listed in the staff report.
Staff recommends that the Kalispell City Planning Board and Zoning
Commission adopt staff report #KPP-21-07 as findings of fact and
recommend to the Kalispell City Council that the preliminary plat for
Parkland Meadows be approved subject to the conditions listed in the
staff report.
Kalispell City Planning Board
Minutes of the meeting of September 14, 2021
Pagel
Sorensen noted that there is a typo in Condition #1 and that staff is
proposing an amendment be made to change it to read:
The Planned Unit Development for Parkland Meadows allows the
following deviation from the Zoning Regulations:
(1) Minimum lot size: Sec 27.09.040(1) — Minimum lot size
per unit as shown on the submitted plans.
BOARD DISCUSSION
None.
PUBLIC HEARING
Karissa Prewitt — 387 Cemetery Rd. — Concerned with impacts on her
hay field and livestock as well as the increased traffic on Cemetery Rd.
Jason Prewitt — 387 Cemetery Rd. — Asked about any proposed
boundary wall to separate his property from the subdivision.
Tim Wise — 2097 Airport Rd. — Concerned with proposed density,
increased traffic and additional noise and the impacts on his farm. He is
also concerned with the fly zone for the airport and feels the subdivision
should be a no -fly zone.
Toby McIntosh — 2250 Hwy 93 South — Jackola Engineering —
representative for applicant, offered to answer any questions.
MOTION — KA-21-04
Vomfell moved and Kauffman seconded a motion that the Kalispell City
ANNEXATION
Planning Board and Zoning Commission adopt amended Staff Report
#KA-21-04 as findings of fact and recommend to the Kalispell City
Council that the property be annexed and the zoning for the property be
approved as detailed herein, with approximately 31.1 acres to be zoned
RA -I (Residential Apartment), and approximately 7.1 acres that will be
zoned B-I (Neighborhood Business), with a PUD overlay on the entire
property.
BOARD DISCUSSION
None.
ROLL CALL
Motion passed unanimously on a roll call vote.
MOTION — KPUD-21-03
Kauffinan moved and Vomfell seconded a motion that the Kalispell City
PLANNED UNIT DEVELOPMENT
Planning Board and Zoning Commission adopt amended Staff Report
#KPUD-21-03 as findings of fact and recommend to the Kalispell City
Council that the PUD for Parkland Meadows be approved subject to the
proposed conditions, as amended, listed in the staff report.
BOARD DISCUSSION
Graham inquired about the no -fly zone concerns mentioned during
public comment. He asked staff to speak to how the review process
works. Sorensen noted that when it comes to the airport there is
something referred to as the airport affected area that is tied into the city
zoning ordinance and is based off the FAA model ordinance. This is
used to review the fly zone and if changes need to be made.
Board discussed other public concerns regarding Cemetery Rd,
increased traffic, proposed screening of subdivision from neighboring
Kalispell City Planning Board
Minutes of the meeting of September 14, 2021
Page 12
properties.
ROLL CALL
Motion passed unanimously on a roll call vote.
MOTION — KPP-21-07
Vomfell moved and Kauffinan seconded a motion that the Kalispell City
PRELIMINARY PLAT
Planning Board and Zoning Commission adopt amended staff report
#KPP-21-07 as findings of fact and recommend to the Kalispell City
Council that the preliminary plat for Parkland Meadows be approved
subject to the proposed conditions, as amended, listed in the staff report.
BOARD DISCUSSION
None.
ROLL CALL
Motion passed unanimously on a roll call vote.
BOARD MEMBER RE -SEATED
Rory Young re -seated.
KZC-21-0I/KPUD-21-02/KPP-21-06
A request from Kilday & Stratton for the Starling Phases 1-8 Planned
STARLING PHASES 1-8
Unit Development ("PUD"), which is a Residential Mixed Use PUD
overlay on approximately 58.0 acres of land on the west side of
Stillwater Road to the west of Timberwolf Parkway. The property was
previously annexed with an R-3 (Residential) underlying zone and has
an expired PUD overlay over the full section of land. This proposal
would rezone the 58.0 acres to RA-1 (Residential Apartment) with a new
PUD overlay for the subject property. The proposal includes a proposed
preliminary plat for Phases 1-3 of the project, which encompasses 20.84
acres of land.
STAFF REPORT
PJ Sorensen representing the Kalispell Planning Department reviewed
Staff Report #KZC-21-01, #KPUD-21-02 and #KPP-21-06.
Staff recommends that the Kalispell City Planning Board and Zoning
Commission adopt Staff Report #KZC-21-01 as findings of fact and
recommend to the Kalispell City Council that the zoning for the entire
58.0 acres of the property be changed from R-3 (Residential) to RA-1
(Residential Apartment), with a PUD overlay.
Staff recommends that the Kalispell City Planning Board and Zoning
Commission adopt Staff Report #KPUD-21-02 as findings of fact and
recommend to the Kalispell City Council that the PUD for Starling
Phases 1-8 be approved subject to the conditions listed in the staff
report.
Staff recommends that the Kalispell City Planning Board and Zoning
Commission adopt staff report #KPP-21-06 as findings of fact and
recommend to the Kalispell City Council that the preliminary plat for
Starling Phases 1-3 be approved subject to the conditions listed in the
staff report.
BOARD DISCUSSION
Board discussed subdivision access, sidewalk along Stillwater Rd and lot
sizes.
PUBLIC HEARING
Greg Stratton — 2880 Technology Blvd West — Applicant for project,
offered to answer questions for the board.
Kalispell City Planning Board
Minutes of the meeting of September 14, 2021
Page13
MOTION — KZC-21-01
Kauffman moved and Borgardt seconded a motion that the Kalispell City
ZONE CHANGE
Planning Board and Zoning Commission adopt Staff Report #KZC-21-
01 as findings of fact and recommend to the Kalispell City Council that
the zoning for the entire 58.0 acres of the property be changed from R-3
(Residential) to RA-1 (Residential Apartment), with a PUD overlay.
BOARD DISCUSSION
None.
ROLL CALL
Motion passed unanimously on a roll call vote.
MOTION — KPUD-21-02
Skees moved and Borgardt seconded a motion that the Kalispell City
PLANNED UNIT DEVELOPMENT
Planning Board and Zoning Commission adopt Staff Report #KPUD-21-
02 as findings of fact and recommend to the Kalispell City Council that
the PUD for Starling Phases 1-8 be approved subject to the conditions
listed in the staff report.
BOARD DISCUSSION
Graham noted for the public that the reason there is not always a lot of
discussion on these large PUD's is because most discussion is done at
the Work Session.
ROLL CALL
Motion passed unanimously on a roll call vote.
MOTION — KPP-21-06
Vomfell moved and Kauffman seconded a motion that the Kalispell City
PRELIMINARY PLAT
Planning Board and Zoning Commission adopt staff report #KPP-21-06
as findings of fact and recommend to the Kalispell City Council that the
preliminary plat for Starling Phases 1-3 be approved subject to the
conditions listed in the staff report.
BOARD DISCUSSION
None.
ROLL CALL
Motion passed unanimously on a roll call vote.
KZTA-21-03 — MARIJUANA
A request from the City of Kalispell for a zoning text amendment
DISPENSARIES
specifying appropriate zones, criteria and definitions for marijuana
dispensaries, cultivation, and processing. The text amendment is
necessary to address recent changes in state law which will become
effective at the end of the year. The proposal would add new use
categories for marijuana dispensaries, marijuana cultivation, and
marijuana manufacturing, along with related definitions.
STAFF REPORT
PJ Sorensen representing the Kalispell Planning Department reviewed
Staff Report # KZTA-21-03.
Staff recommends that the Kalispell City Planning Board adopt the
findings in staff report KZTA-21-03 and recommend to the Kalispell
City Council that the proposed amendment be adopted as provided
herein.
BOARD DISCUSSION
Board discussed parking requirements as well as use requirements.
Skees noted for the public that this item has been through numerous
work sessions.
Kalispell City Planning Board
Minutes of the meeting of September 14, 2021
Page 14
PUBLIC HEARING
None.
MOTION
Kauffman moved and Borgardt seconded a motion that the Kalispell City
Planning Board and Zoning Commission adopt the findings in staff
report KZTA-21-03 and recommend to the Kalispell City Council that
the proposed amendment be adopted as provided herein.
BOARD DISCUSSION
Vomfell noted that he believes that restrictions on dispensaries should be
no different than liquor stores, and does not support the administrative
CUP or additional buffering requirements.
ROLL CALL
Motion passed 6-1 on a roll call vote (Vomfell voted against).
OLD BUSINESS
Staff updated board on recent City Council approvals.
NEW BUSINESS
Staff updated board on the October 12t1i Planning Board Agenda.
ADJOURNMENT
The meeting adjourned at approximately 7:37pm.
Chad Graham
President
APPROVED as submitted/amended:
Kari Barnhart
Recording Secretary
Kalispell City Planning Board
Minutes of the meeting of September 14, 2021
Page 15
MARIJUANA ZONING REGULATIONS
ZONING TEXT AMENDMENT
STAFF REPORT #KZTA-21-03
KALISPELL PLANNING DEPARTMENT
SEPTEMBER 1, 2021
This is a report to the Kalispell City Planning Board and the Kalispell City Council regarding a
request for a text amendment to the Kalispell Zoning Ordinance to adopt zoning regulations
related to marijuana dispensaries, cultivation, and manufacturing. A public hearing has been
scheduled before the Planning Board for September 14, 2021, beginning at 6:00 PM in the
Kalispell City Council Chambers. The Planning Board will forward a recommendation to the
Kalispell City Council for final action.
BACKGROUND INFORMATION
In the election of November 2020, a ballot initiative was approved by the voters to allow for
recreational marijuana use within the State of Montana. Subsequently, the state legislature
passed House Bill 701 providing the framework for marijuana regulation in Montana. The
Montana Department of Revenue will also adopt administrative rules related to the marijuana
industry, which are expected to be adopted this fall. Local jurisdictions are provided some
latitude to adopt zoning regulations specifying appropriate zones and criteria for those facilities,
but they must be provided for given the new legislation. The legislation will allow facilities to
begin operating January 1, 2022, and the City should have zoning regulations in place prior to
that date.
A: Applicant: City of Kalispell
201 First Avenue East
Kalispell, MT 59901
B. Area Effected by the Proposed Changes: Any B or I zoned property within the
jurisdictional boundaries of the City of Kalispell will be affected by the proposed changes.
C. Proposed Amendment: The proposal would add new use categories for marijuana
dispensaries, marijuana cultivation, and marijuana manufacturing, along with related
definitions. Dispensaries would be allowed in all B (Business) and I (Industrial) zones,
while cultivation and manufacturing would be allowed in all I zones. An administrative
conditional use permit ("ACUP") would be required for all locations. There would also be
a 300-foot buffer from churches, schools, parks, and city residential (R or RA) zones,
measured from property line to property line. The full text of the proposed amendment is
attached as Exhibit A, with deletions struck -out and additions underlined.
Page 1 of 11
D. Staff Discussion: The framework for this proposed zoning text amendment was
discussed at two City Council work sessions on June 14 and 21, and at a Planning Board
work session on August 10. It is important to note that the new marijuana statutes under
the ballot initiative and House Bill 701 regulate the sale and use of marijuana and
establish taxation and licensing programs to be administered by the state. Local land use
regulations are to be focused on determining appropriate locations within the city for the
operation of dispensaries, cultivation, and manufacturing by providing for those facilities
within certain zones and pursuant to zoning criteria.
While there were a range of viewpoints, the consensus of the discussion at both the City
Council and the Planning Board looked at dispensaries as akin to liquor stores and
cultivation/manufacturing as akin to industrial manufacturing. The similarity to liquor
stores is that both sell intoxicating substances for those 21 years or older without
consumption on the premises. Liquor stores are considered a retail use and allowed in all
of the B zones (limited to 4000 square feet in the B-1). Dispensaries would be similarly
allowed in all of the B zones with the size limit in the B-1 as well as both the I-1 and I-2
zones, although an ACUP would be required in all of the zones where it is allowed.
Cultivation and manufacturing both involve processing that would be in -line with light
industrial uses found in both the I-1 (Light Industrial) and I-2 (Heavy Industrial) zones.
Those uses are generally not located within residential or business zones. There was
some discussion about approaching cultivation as agriculture. However, the City does
not have any agricultural zones, with the closest being a single-family zone (R-1) which
includes some agricultural use, and cultivation is not typically located in open fields like
most agricultural uses, generally being located within buildings. Furthermore, the state
statute states that marijuana is not considered agriculture subject to the department of
agriculture for certain purposes. Sec 16-12-101(3), MCA. Providing for cultivation and
manufacturing within the I zones is appropriate.
Both the Council and Planning Board felt that some buffering requirements from certain
uses were appropriate. A 300-foot buffer (equal to one city block) from uses that are
more family or child -oriented helps maintain a balance between providing a reasonable
opportunity for marijuana related uses and protecting those families and children who
should not or would rather not be impacted by potential negative aspects associated with
marijuana. The buffer requirement from churches, schools, parks, and city residential
zones is a key provision designed to strike that balance. The state statute includes a 500-
ft buffer from churches and schools, which shows that the legislature also saw a need to
balance those interests. The city measurement, however, would be from property line to
property line rather than the state's methodology (straight line from the center of the
nearest entrance of each), so it is still appropriate to include those uses as part of the city
buffer. The city measurement helps ensure a minimum one -block buffer from schools
and churches which may not always be met under the state measurement depending upon
where they choose to put the door, and it is expected based on liquor regulations that the
measurement would be on the same street, which can also skew the results. Any
proposed use would need to satisfy both the city and state buffer requirements. The City
has similar required buffers related to casinos (600 feet unless it qualifies as an accessory
Page 2 of 11
casino that is related to a restaurant, bar or other use) and sexually oriented businesses
(1000 feet). The lesser buffer for marijuana related uses is based in part on the fact that
on -premise consumption is not allowed at those uses, but alcohol consumption is allowed
with casinos and sexually oriented businesses.
The map below shows the areas of the city where marijuana related uses would be
allowed in blue. The yellow areas are residential zones with the 300-ft buffer and the
green areas are parks with the 300-ft buffer. In addition, there would be 300-ft buffers
from schools and churches, which are not shown on the map.
Page 3 of 11
The ACUP requirement for marijuana related uses is appropriate in this situation. With
the buffering requirement, the ACUP allows staff to confirm that buffering requirements
are met before a marijuana related use opens at a location. It also provides the
neighborhood with notice, an opportunity to comment, and a chance for a dialogue
between the applicant and the neighbors which can lead to better compatibility. CUPS
and ACUPs are valuable tools for uses which can generally fit within a given zone, but
might be a bit different than what might otherwise be expected by neighboring property
owners.
Parking requirements for dispensaries are included in the ordinance, and are the same as
for other retail uses. Parking for cultivation and manufacturing are also included and are
the same as the parking requirements for general industrial uses.
One additional provision of the proposed text amendment is a bit of a housekeeping
amendment. Current zoning regulations state that "No use of land shall be permitted or
conditionally permitted within the City of Kalispell that is in violation of federal, state, or
local law." Sec 27.03.101(8). The primary purpose of the section was to address
marijuana uses under the uncertainty which existed prior to the recent ballot initiative and
House Bill 701. Current state law removes that uncertainty, at least in relation to state
law, and leaving the provision in the zoning ordinance would create confusion and
potential conflict with state law. Given the new state statute and regulations, the City
needs to provide for marijuana related uses. It should therefore be taken out of the
ordinance as part of this amendment.
EVALUATION BASED ON STATUTORY CRITERIA
The statutory basis for reviewing a change in zoning is set forth by 76-2-303, M.C.A. Findings
of Fact for the zone change request are discussed relative to the itemized criteria described by
76-2-304, M.C.A.
1. Is the zoning regulation made in accordance with the growth polio
The proposal is consistent with the growth policy. Under Chapter 4 B of the City of
Kalispell Growth Policy Plan -It 2035, goals of the City include:
• Encourage the development and growth of prosperous commercial and industrial
districts, each with a viable mix of businesses, suitable infrastructure, and a
coordinated development pattern that reduces business costs and increases
business opportunities.
• Provide adequate areas within the community for commercial and industrial
development that meets the needs of present and future businesses in terms of
cost, type, design and location.
• Maintain the integrity of well -established residential areas by avoiding the
encroachment of incompatible uses and providing significant buffer areas
between incompatible uses
Page 4 of 11
• Develop a better understanding of future commercial and industrial needs in order
to be responsive to potential growth
Marijuana related uses are a newer commercial and industrial type of use to be located
within the City, at least in terms of recent legislation. Providing for those uses in
appropriate ways within commercial and industrial areas of the city maintains a viable
mix of businesses in those areas with the public infrastructure designed to support
business needs, such as water, sewer, and roads.
2. Does the zoning regulation consider the effect on motorized and nonmotorized
transportation systems?
The proposed amendment places marijuana related uses within business and industrial
zones which have public road systems intended to carry traffic related to commercial use.
The amendment helps minimize any negative impacts on the transportation system.
3. Is the zoning regulation designed to secure safety from fire and other dangers?
Any marijuana related uses will be required to meet building, fire, and health codes.
4. Is the zoning regulation designed to promote public health, public safety, and the general
welfare?
The general health, safety, and welfare of the public will be protected by placing
marijuana related uses in locations with similar types of uses. The buffering requirement
from schools, churches, parks and residential zones helps ensure an appropriate
separation from uses oriented more towards families and children, which allows for some
protection from potential negative impacts related to marijuana related uses.
5. Does the zoning regulation consider the reasonable provision of adequate light and air?
The development standards within the zoning ordinance help provide for appropriate
interaction between developed properties, including light and air.
6. Is the zoning regulation designed to facilitate the adequate provision of transportation,
water, sewerage, schools, parks, and other public requirements?
The zoning ordinance creates a more predictable, orderly, and consistent development
pattern. That pattern allows for a more efficient allocation of public resources and better
provision of public services.
7. Does the zoning regulation consider the character of the district and its peculiar
suitability for particular uses?
The amendment reflects the commercial and industrial character of the districts affected.
Dispensaries are akin to other retail uses, particularly liquor stores, and
Page 5 of 11
cultivation/manufacturing is akin to light industrial uses found elsewhere in the city.
8. Does the zoning regulation consider conserving the value of buildings?
Building values are conserved by providing reasonable standards within zoning districts
and through development standards under city regulations including building and fire
codes.
9. Does the zoning regulation encourage the most appropriate use of land throughout the
municipals . and promote compatible urban growth?
The amendment helps create consistency throughout comparable zones, which promotes
compatible urban growth.
RECOMMENDATION
Staff recommends that the Kalispell City Planning Board adopt the findings in staff report
KZTA-21-03 and recommend to the Kalispell City Council that the proposed amendment be
adopted as provided herein.
Page 6 of 11
EXHIBIT A
CHAPTER 27.03
APPLICATION OF DISTRICT REGULATIONS
Sections:
27.03.010: Application of District Regulations. Except as otherwise provided herein,
the regulations set by this chapter and Chapters 27.04 through 27.19 shall be the
minimum regulations and all regulations as categorized shall apply uniformly to
each class or kind of structure or land and particularly:
-_:
CHAPTER 27.12
B-1 NEIGHBORHOOD BUSINESS
Sections:
27.12.030: Uses Which May Be Permitted By Conditional Use Permit.
(10) Marijuana dispensaries, no larger than 4,000 square feet (Administrative
CUP
Renumber accordingly
CHAPTER 27.13
B-2 GENERAL BUSINESS
Sections:
27.13.030: Uses Which May Be Permitted By Conditional Use Permit.
(12) Marijuana dispensaries (Administrative CUP)
Renumber accordingly
Page 7 of 11
CHAPTER 27.14A
B-3 CORE AREA - BUSINESS
Sections:
27.14A.030: Uses Which May Be Permitted By Conditional Use Permit.
(8) Marijuana dispensaries Administrative CUP)
Renumber accordingly_
CHAPTER 27.14B
B-4 CENTRAL BUSINESS
Sections:
27.14B.030: Uses Which May Be Permitted By Conditional Use Permit.
(10) Marijuana dispensaries (Administrative CUP)
Renumber accordingly
CHAPTER 27.15
B-5 INDUSTRIAL -BUSINESS
Sections:
27.15.030: Uses Which May Be Permitted By Conditional Use Permit.
(8) Marijuana dispensaries (Administrative CUP)
Renumber accordingly
CHAPTER 27.16
I-1 LIGHT INDUSTRIAL
Sections:
27.16.030: Uses Which May Be Permitted By Conditional Use Permit.
(9) Marijuana cultivation (Administrative CUP)
(10.) Marijuana dispensaries (Administrative CUP)
(11) Marijuana manufacturing (Administrative CUP)
Renumber accordingly
Page 8 of 11
CHAPTER 27.17
I-2 HEAVY INDUSTRIAL
Sections:
27.17.030: Uses Which May Be Permitted By Conditional Use Permit.
(11) Marijuana cultivation (Administrative CUP)
(12.) Marijuana dispensaries (Administrative CUP)
(13) Marijuana manufacturing (Administrative CUP)
Renumber accordingly_
CHAPTER 27.24
OFF-STREET PARKING DESIGN STANDARDS
Sections:
27.24.050: Minimum Standards By Use.
(7) The following table provides minimum parking standards by use:
Minimum Parking Standards By Use
Mariivana cultivation,
dispensaries, and
Dispensaries: 1 per 300 square feet gross floor
area.
manufacturing
Cultivation and manufacturing: 1 per 1000
square feet ross floor area.
CHAPTER 27.34
ADDITIONAL REQUIREMENTS FOR SPECIFIC CONDITIONAL USES
Sections:
27.34.087: Mariivana Cultivation, Dispensaries, and Manufacturing.
(1) A marijuana dispensary or any facili . engaged in marijuana cultivation or
manufacturing shall be located a minimum of 300 feet from churches, schools,
parks, and city residential (R or RA) zones, measured from property line to
grope , line.
Page 9 of 11
CHAPTER 27.37
DEFINITIONS
Sections:
27.37.010: Definitions.
117) Marijuana. Mariivana means all blant material from the izenus Cannabis
containing tetrahydrocannabinol (THC) or seeds of the genus capable of
germination. It does not include hemp, including any part of that plant, including
the seeds and all derivatives, extracts, cannabinoids, isomers, acids, salts, and
salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol
concentration of not more than 0.3% on a dry weight basis, or commodities or
products manufactured with hemp, or any other ingredient combined with
marijuana to provide topical or oral administrations, food, drink, or other
products. The term also does not include a drug approved by the United States
Food and Drug Administration pursuant to Section 505 of the Federal Food, Drug
and Cosmetics Act. 21 U.S.C. 301. et sea.
(118) Marijuana cultivation. A use operated by a person licensed by the State
of Montana to (a) plant, cultivate, grow, harvest, and dry marijuana; and (b)
package and relabel marijuana produced at the location in a natural or naturally
dried form that has not been converted, concentrated, or compounded for sale
through a licensed dispensary_
(119) Marijuana dispensary. A licensed premises from which a person
licensed by the State of Montana may (a) obtain marijuana or marijuana products
from a licensed cultivator, manufacturer, dispensary, or other licensee approved
by the State, and (b) sell marijuana or marijuana products to registered
cardholders, adults that are 21 years of age, or both.
(120) Mariivana manufacturing. A use operated by a person licensed by the
State of Montana to convert or compound marijuana into marijuana products,
marijuana concentrates, or marijuana extract and package, repackage, label, or
relabel mariivana broducts.
Renumber Accordingly
Page 10 of 11
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