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Zoning Ordinance UpdatePlanning Department 201 1" Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kalispell.com/planning REPORT TO: Kalispell Mayor and City Council FROM: PJ Sorensen, Planner II Jane Howington, City Manager SUBJECT Zoning Ordinance Update MEETING DATE: April 12, 2010 (Work session) BACKGROUND: The City of Kalispell is proposing a text amendment which would revise the zoning ordinance as a whole. The amendment can best be characterized as a thorough update of the ordinance which last received a comprehensive review in 1993. The update is also a fine-tuning to make the document more user-friendly and to better reflect the city as it looks today. Over the course of nine months, the Kalispell Planning Board held a series of seven work sessions discussing the update. Throughout the process, staff has taken several steps designed to notify the public and generate input. A mailing list was developed listing all architects, builders, developers, community groups, and others who commonly use the zoning ordinance. The list contained 80 names. Initially these folks were sent an outline summarizing the process, timing of the workshops, and the goals of the update, along with a link to our website. Both a marked -up (i.e. showing additions and deletions) and a clean version of the proposed update have been posted on-line for community review since March 2009. An open house was publicized and held at city hall from 4:00 to 9:00 PM on November 19 to answer any questions and receive any comments from the community. We received good coverage from the Interlake prior to the meeting and all those on the mailing list were also personally invited. Several people, including 2 architects, attended this open house. At the December 8 planning board meeting, the board approved a motion to bring the proposal forward for formal consideration at a public hearing. Those on the mailing list were made aware of the December 8 planning board meeting and were again personally invited to the January 8, 2010 public hearing. The goals of the zoning ordinance update have been to: (1) Eliminate ambiguities in the text; (2) Improve readability by eliminating outdated terms and simplifying language; (3) Reduce the number of zones by consolidating the RA-2 with the RA-3 multi -family zones and the B-2 with the B-3 business zones; (4) Streamline and standardize property development standards (setbacks, minimum lot sizes, etc); (5) Review the intents of each zone and adjust uses accordingly; (6) Create a matrix which lists all uses by zone for quick reference; (7) Create a single sheet summary of lot size and setbacks by zone for quick reference; (8) Update the definitions section to reflect current terms and uses; (9) Include visuals and pictures in the ordinance to help clarify points; (10) Provide a better connection between the zoning ordinance and the growth policy; (11) Provide a method to allow minor administrative adjustments from some development standards to create a more flexible document; (12) Improve our administrative conditional use permit process which would substantially reduce the time required for the review of certain types of uses; (13) Amend parking regulations in the downtown area by reducing the number of required spaces and protecting residential areas from encroachment by commercial parking lots; and (14) Make minor modifications to existing standards as necessary. The specific changes are included in the "marked -up" draft (provided to you in March) which includes underlined text (for new language or indicating where sections were moved to) and strike- outs (for deleted language or indicating where sections were moved from). Please note that, while the marked -up version includes the substantive changes which were made, it does not include final editing (e.g. typos, realignment, graphics, etc) because the resulting marks tended to be more confusing than helpful. The Kalispell City Planning Board met on January 12, 2010, and held a public hearing to consider the request. Kalispell Planning Department staff presented staff report #KZTA-10-01 providing details of the proposal and the evaluation. Staff recommended the board adopt the findings of fact as proposed and recommend to the Council that the amendment be adopted. Written comments were submitted by Merna Terry and Charles Lapp. Both also spoke at the public hearing supporting the changes and bringing up several additional issues as well. The planning board did address those issues. Their comments are attached to the draft minutes from the meeting. No one else spoke either for or against the proposal and the public hearing was closed. A motion was made and seconded to recommend approval of the zoning text amendment. There was a motion to amend the proposal which related to procedure for public hearings for conditional use permits and also changed a reference under architectural review from the Redevelopment Area to "Kalispell." The amendment passed on a 7-0 vote. The main motion was then approved on a 7-0 vote. The update was briefly discussed at a joint work session between the City Council and the Planning Board on March 8. At that point, the Council asked for a work session to cover the main points of the update. RECOMMENDATION: Council should direct staff to bring the proposal forward for formal consideration at the next available regular Council meeting. FISCAL EFFECTS: Minor positive impacts. ALTERNATIVES: As suggested by the City Council. Respectfully submitted, PJ Sorensen Planner II Report compiled: April 6, 2010 Theresa White, Kalispell City Clerk Jane Howington City Manager