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Skybridge Text Amendment Staff Report Page 1 of 4 SKYBRIDGE SETBACKS ZONING TEXT AMENDMENT - STAFF REPORT #KZTA-24-01 KALISPELL DEVELOPMENT SERVICES DEPARTMENT JANUARY 14, 2025 This is a report to the Kalispell City Planning Commission and the Kalispell City Council regarding a request from LPW Architecture on behalf of Immanuel Living for a text amendment to the Kalispell Zoning Ordinance to allow pedestrian skybridge connections over rights-of-way to encroach into the front and side-corner setback areas in certain zones. A public hearing has been scheduled before the Planning Commission for January 14, 2025, beginning at 6:00 PM in the Kalispell City Council Chambers. The Planning Commission will forward a recommendation to the Kalispell City Council for final action. BACKGROUND INFORMATION When a skybridge connects two buildings across a street, there are potential issues related to both setbacks from the property line as well as the encroachment into the right-of-way. Current setback provisions do not allow any portion of the structure to encroach into the setback. Under the zoning ordinance, setbacks apply to any part of a structure, such as eaves or decks. Section 27.37.010(177). If a skybridge crosses a right-of-way, it needs to be within the setback area in order to make the connection. This amendment would allow for the connection to be located within the setback area if it is located in a business, health care, or public zone. The encroachment into the right-of-way is handled separately through an encroachment permit issued through the Public Works Department if it is a public right-of-way, or through whoever owns a private right-of-way. Details of the construction of the skybridge are handled through the building permit and site review processes. A: Applicant: LPW Architecture 15 5th Street South Great Falls, MT 59401 B. Area Effected by the Proposed Changes: Any B, H or P zoned property within the jurisdictional boundaries of the City of Kalispell will be affected by the proposed changes. C. Proposed Amendment: The proposed amendment would read: Section 27.20.125: Skybridge Setback Exception. Notwithstanding any setback specified in this ordinance, a pedestrian skybridge connecting two buildings located in any B, H, or P zone which extends over a public or private right-of-way may encroach into the front or side corner setback area provided that all other applicable zoning and other code requirements are satisfied. D. Staff Discussion: There are currently two skybridges within the City of Kalispell. The first one connects two Glacier Bank buildings in the downtown area on Second Street Page 2 of 4 West just off of Main Street. Since it is located in the B-4 Central Business zone which does not have setbacks, there was not a setback issue with the connection. The second skybridge connects county office buildings across 11th Street West. As part of an overall construction project that declared an agency exemption as a county agency, zoning did not apply to the project. In neither situation was the setback an issue and it did not need to be addressed at those times. Health Department Skybridge Glacier Bank Skybridge While this proposal is not a review of a specific skybridge, the purpose behind Immanuel Living’s proposed text amendment is for a skybridge across Claremont connecting its existing facility on the west side of the road to a new addition on the east side. The setback in the H-1 (Health Care) zone is 15 feet, which would not allow the section of the skybridge from the building to the sidewalk area. In order to construct the connection, this text amendment is necessary. As noted in the application materials, “This street is quite busy with both vehicular traffic and pedestrian traffic. Many of the drivers and walkers are elderly and have mobility issues. The proposed pedestrian bridge is intended to bridge the two sides of the campus and provide safe access for residents. Many residents of Immanuel Living utilize amenities on both sides of the campus. The pedestrian bridge will provide a safe route for residents to access the amenities on either side of the campus.” Page 3 of 4 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 policy? Skybridges are not directly addressed in the growth policy, although Chapter 8 on Transportation lists several goals and policies which call for providing safe streets for both vehicular and pedestrian traffic. Allowing for a skybridge connection between buildings helps provide a separation between vehicles and pedestrians which in turn reduces the potential for accidents. By furthering those goals and policies, the request is consistent with the growth policy. 2. Does the zoning regulation consider the effect on motorized and nonmotorized transportation systems? The proposed amendment would have a positive effect on the transportation systems by allowing for a skybridge connection to supplement more traditional crosswalks. The separation of vehicular and pedestrian traffic in those situations creates a safer transportation system. 3. Is the zoning regulation designed to secure safety from fire and other dangers? Any development will continue to be required to meet building, fire, and health codes. Clearances and other design criteria would be reviewed as part of the building permit and site review processes in order to ensure that a skybridge is appropriately designed for a given location. 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 city regulations which would apply to the development of any of the properties affected. The separation of vehicular and pedestrian traffic with a skybridge creates a safer transportation system. 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 Page 4 of 4 pattern. That pattern allows for a more efficient allocation of public resources and better provision of public services. The separation of vehicular and pedestrian traffic with a skybridge creates a safer transportation system. 7. Does the zoning regulation consider the character of the district and its peculiar suitability for particular uses? Allowing for skybridge connections in business, health care, and public zones is consistent with the character of those districts, which generally have denser development along with busier streets. In those areas, the benefits of a skybridge are particularly suited to the character of the area. 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. The potential for a skybridge connection can enhance the value of buildings by allowing for more efficient and safer use of the property. 9. Does the zoning regulation encourage the most appropriate use of land throughout the municipality 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 Commission adopt the findings in staff report KZTA-24-01 and recommend to the Kalispell City Council that the proposed amendment be adopted as provided herein.