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H2. Ord. 1933, Immanuel Living Sky bridge Zoning Text AmendmentDevelopment Services Department 201 Is'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, Assistant Director of Development Services SUBJECT: KZTA-24-01 — Skybridge Setbacks Zoning Text Amendment MEETING DATE: February 3, 2025 BACKGROUND: This application is a request from LPW Architecture on behalf of Immanuel Living for a zoning text amendment to allow pedestrian skybridge connections over rights -of -way to encroach into the front and side -corner setback areas. Current setback provisions do not allow any portion of the structure to encroach into the setback. 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. The Kalispell Planning Commission held a duly noticed public hearing on January 14, 2025, to consider the request. Staff presented staff report KZTA-24-01 providing details of the proposal and evaluation. Staff recommended that the Planning Commission adopt the staff report as findings of fact and recommend to the Council that the request for the zoning text amendment be granted. No comments were received at the public hearing and one was received in writing prior to the meeting. The public hearing was closed and a motion was presented to adopt staff report KZTA-24- 01 as findings of fact and recommend to the Kalispell City Council that the zoning text amendment be approved. Commission discussion concluded that the request was appropriate, and the motion was approved on a unanimous vote. RECOMMENDATION: Motion and vote to approve the first reading of Ordinance 1933, an Ordinance amending Kalispell Zoning Ordinance 1677, to allow pedestrian skybridge connections over rights -of -way to encroach into setback areas in the City of Kalispell and declaring an effective date. TEXT AMENDMENT: It is recommended that the Kalispell City Council approve the first reading of Ordinance 1933, an ordinance to amend the City of Kalispell Zoning Ordinance 1677, by adding the following section: 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. FISCAL EFFECTS: There are no anticipated fiscal impacts at this time. ALTERNATIVES: Deny the request. ATTACHMENTS: Ordinance 1933 January 14, 2025, Kalispell Planning Commission Minutes Staff Report Application Materials Public Comment Aimee Brunckhorst, Kalispell City Clerk ORDINANCE NO. 1933 AN ORDINANCE AMENDING THE KALISPELL ZONING ORDINANCE (ORDINANCE NO. 1677), TO ALLOW PEDESTRIAN SKYBRIDGE CONNECTIONS OVER RIGHTS -OF -WAY TO ENCROACH INTO SETBACK AREAS 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 Commission to consider certain amendments to the Kalispell Zoning Ordinance regarding allowing pedestrian skybridge connections over rights -of -way to encroach into setback areas; and WHEREAS, the Kalispell City Planning 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 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 pedestrian skybridge setback exceptions, be amended; and WHEREAS, the City Council has reviewed the Kalispell Planning Department Report as considered by the Kalispell City Planning Commission and the transmittal from the Kalispell City Planning Commission and hereby adopts the findings made in Report #KZTA-24-01, 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 I. 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 thirty (30) days after its final passage. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL THIS 18TH DAY OF FEBRUARY 2025. ATTEST: Aimee Brunckhorst, CMC City Clerk Mark Johnson Mayor EXHIBIT A CHAPTER 27.20 SUPPLEMENTARY REGULATIONS 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. KALISPELL CITY PLANNING COMMISSION MINUTES OF REGULAR MEETING January 14, 2025 CALL TO ORDER AND ROLL The regular meeting of the Kalispell City Planning Board and Zoning Commission CALL was called to order at 6:00 p.m. Commission members present were Chad Graham, Doug Kauffman, Shelby Odell, Joshua Borgardt, Pip Burke (Zoom), and Rory Young (Zoom). Tim Stocklin was absent. Jarod Nygren, PJ Sorensen, Karl Barnhart, Donnie McBath, and Kirstin Robinson represented the Kalispell Planning Department. Keith Haskins represented the Kalispell Public Works Department. APPROVAL OF MINUTES Kauffman moved and Borgardt seconded a motion to approve the minutes of the December 10, 2024 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 Young recused himself from KZTA-24-01; he is a representative of the applicant. KZTA-24-01— ILC SKY BRIDGE File #KZTA-24-01 — A request from LPW Architecture on behalf of Immanuel Living for a zoning text amendment to allow pedestrian skybridge connections over rights -of -way to encroach into the front and side -corner setback areas. Current setback provisions do not allow any portion of the structure to encroach into the setback. 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. STAFF REPORT PJ Sorensen representing the Kalispell Planning Department reviewed Staff Report #KZTA-24-01. 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. BOARD DISCUSSION None. PUBLIC COMMENT None. MOTION — KZTA-24-01 Odell moved and Kauffman seconded 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. BOARD DISCUSSION Graham stated that he liked that pedestrian and vehicular traffic would be separated. Odell concurred. ROLL CALL Motion passed unanimously on a roll call vote. BOARD MEMBER RE -SEATED Young re -seated. Kalispell City Planning Commission Minutes of the meeting of January 14, 2025 Pagel OLD BUSINESS Sorensen updated the board on the January 6, 2025 city council agenda items and advised that Council approved Final Plats for KNTC Phases 6&7 and Bloomstone Phases 5-6.. NEW BUSINESS Sorensen updated the board on the upcoming February 11, 2025 Planning Commission meeting and Work Session. ADJOURNMENT The meeting adjourned at approximately 6:11 PM. WORK SESSION Transitioned into work session on Visa Ridge Cottages (KA-24-10, KPUD-24-05, and KPP-24-06) and the Montana Land Use Planning Act. Chad Graham President APPROVED as submitted/amended: Kirstin Robinson Recording Secretary Kalispell City Planning Commission Minutes of the meeting of January 14, 2025 Page 12 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 1 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 111h 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 2 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 eg neral 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 3 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 suitabilitv for barticular 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 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 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. Page 4 of 4 Date: 2 December 2024 fl fl C H I T E C T U fl E To: City of Kalispell Re: Zoning Text Amendment Request — Immanuel Living Pedestrian Bridge To Whom it May Concern, LPW Architecture is requesting a zoning text amendment to the City of Kalispell zoning code to allow for the construction of an elevated pedestrian bridge crossing Claremont Street. The proposed project is intended to reduce potentially deadly interactions between vehicles and senior residents of Immanuel Living. The proposed project is intended to connect the east and west sides of the Immanuel Living campus that is currently separate by Claremont Street. 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. A conceptual image of the project has been attached to this memo to provide context for the proposed zoning amendment and specific project driving this request. The proposed zoning text amendment is intended to support the growth policy of Kalispell. In accordance with chapter 8 of the growth policy: improving walkability in Kalispell throughout the year is a major goal. Allowing a pedestrian bridge within the H-1 zoning district will improve walkability and reduce interactions between pedestrians and vehicular traffic. Additionally, many residents in the H-1 district have mobility issues. Pedestrian bridges between buildings will improve accessibility, particularly in the winter months. The new zoning will have no long-term affect to motorized transportation in the zoning district. Nonmotorized transportation systems - particularly walking - will be improved and enhanced by allowing the proposed zoning amendment. Max Grebe, President L'HeureuxPage Werner Architects 15 Fifth Street South, Great Falls, MT 59401 406-604-4453 The new zoning will secure safety from fire and other dangers by fl R C H I T E C T U R E complying with the applicable sections of the International Building Code to ensure the construction spanning over the public right of way is protected from fire with the use of an automatic fire suppression systems. The new zoning will promote public health, public safety and general welfare by encouraging residents to walk between buildings. The increased walking will reduce vehicular traffic and promote walking. The new zoning will have no impact on light and air in Kalispell. The new zoning will have no impact on, transportation, water, sewerage, schools, parks, and other public requirements as the proposed change adds no additional users to the above -mentioned infrastructure. The new zoning considers the character of the district and its peculiar suitability of the property by enhancing pedestrian circulation within the zoning district. The district allows for the construction of multi -story buildings currently. Allowing pedestrian bridges between buildings will enhance the appearance of the district visually. If the new zoning is adopted, it will enhance the value of buildings throughout the district. The addition of pedestrian bridges will improve the overall look and feel of the district. The new zoning will encourage land -use throughout the municipality by encouraging walking and reducing vehicular traffic. Additionally, parking near destinations won't be as critical as walking between buildings will be much easier for inhabitants of the zoning district. Thank you, Max Grebe, LPW Architecture Max Grebe, President L'HeureuxPage Werner Architects 15 Fifth Street South, Great Falls, MT 59401 406-604-4453 3D concept image of proposed bridge crossing Claremont. Second floor plan of proposed bridge. Max Grebe, President L'HeureuxPage Werner Architects 15 Fifth Street South, Great Falls, MT 59401 406-604-4453 Development Services Cl'l Y C Department Kalispell, MT 59901 KAILI[SPEILIL 201 Avenue East Phonee (406) 758-7940 ZONING TEXT AMENDMENT Email: plan ning(a�kalispell.com Website: www.kalispell.com Project Name The Lofts at Buffalo Hill - Pedestrian Bridge Property Address 45 Claremont St. NAME OF APPLICANT LPW Architecture Applicant Phone 406 604 4457 Applicant Address 15 5th Street South City, State, Zip Great Falls, MT 59401 Applicant Email Address maxg@lpwarchitecture.com If not current owner, please attach a letter from the current owner authorizing the applicant to proceed with the application. OWNER OF RECORD Immanuel Living Owner Phone 406 752 9622 Owner Address 185 Crestline Drive City, State, Zip Kalispell, MT 59901 Owner Email Address djolly@ilcorp.org CONSULTANT (ARCHITECTIENGINEER) LPW Architecture Phone 406 604 4457 Address 15 5th Street South City, State, Zip Great Falls, MT 59401 Email Address maxg@lpwarchitecture.com POINT OF CONTACT FOR REVIEW COMMENTS maxg@lpwarchitecture.com Phone 406 771 0770 Address 15 5th Street South City, State, Zip Great Falls, MT 59401 Email Address maxg@lpwarchitecture.com List ALL owners (any individual or other entity with an ownership interest in the property): None Development Services Department 1K..'N IL I S P ELL 201 Avenue East Kalispell, MT 59901 Phonee (406)758-7940 What is the proposed zoning text amendment? (if modifying an existing code section, please list the specific section - for example: Section 27.07.040(3)) We request that elevated pedestrian bridges be exempt from the setback requirements outlined in Section 27.11.040 What is the purpose or intent of the proposed text amendment? The intended request of this zoning modification is to allow for the construction of a pedestrian bridgE 0 HOW WILL THE PROPOSED CHANGE ACCOMPLISH THE INTENT AND PURPOSE OF (please attach additional sheets): a. Whether the new zoning was designed in accordance with the growth policy. b. Whether the new zoning will affect motorized and nonmotorized transportation systems. c. Whether the new zoning will secure safety from fire and other dangers. d. Whether the new zoning will promote public health, public safety and general welfare. e. Whether the new zoning includes the reasonable provision of adequate light and air. f. Whether the new zoning will facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements. g. Whether the new zoning gives consideration to the character of the district and its peculiar suitability of the property for particular uses. h. Whether the new zoning was adopted with a view of conserving the value of buildings. i. Whether the new zoning will encourage the most appropriate use of land throughout the municipality. I hereby certify under penalty of perjury and the laws of the State of Montana that the information submitted herein, on all other submitted forms, documents, plans or any other information submitted as a part of this application, to be true, complete, and accurate to the best of my knowledge. Should any information or representation submitted in connection with this application be inorrect or untrue, I understand that any approval based thereon may be rescinded, and other appropriate action taken. The signing of this application signifies approval for the Kalispell City staff to be present on the property for routine monitoring and inspection during the approval and development process. Max Grebe I President 12-10-2024 Applicant Signature Date Development Services Department CIA Y or 201 KALISPELL hone ( Avenue East Kalispell, MT 59901 Phone406)758-7940 APPLICATION PROCESS (application must be received and accepted by the Kalispell Planning Department 35 days prior to the Planning Commission Hearing) A pre -application meeting with a member of the planning staff is required. Application Contents: 1. Completed application form & attachments 2. Electronic copy of the application materials submitted. Either copied onto a disk or emailed to planning@kalispell.com (Please note the maximum file size to email is 20MB) 3. Application fee based on the schedule in the link below, made payable to the City of https://www. kalispell.com/DocumentCenter/View/447/Planni ng-Fees-Schedule-2023-PDF?bid Id= From: M Davis To: Kirstin Robinson Subject: EXTERNAL H-1 sky bridge zoning amendment, public comment Date: Saturday, January 4, 2025 7:51:18 AM TO: Kalispell Planning Board and Zoning Commission RE: Immanuel Living proposed sky bridge over Claremont St. and H-1 zone change Any sky bridge zoning amendment should specify a clearance height above the paved street adequate to allow fire trucks, utility bucket trucks, semi trucks (food services, moving vans, equipment shippers, etc), and other oversized vehicles to pass underneath without impeding traffic going the opposite way. Because all the streets in the hospital area are of minimum size or substandard, such as Surgical Dr., city rights -of - way are limited. The pylons in the concept drawing accompanying this zoning request appear to abut the Claremont St. ROW. This may or may not pose a hazard to those using or maintaining the adjacent sidewalk. Connectivity of city streets within the H-1 zone is marginal and dependent on Hwy 93 for N/S transit through the H- 1 zone. Any structure affecting city streets' air space in this zone should be handled as a Conditional Use. The overall height of this specific sky bridge does not appear to interfere with flights to and from the nearby heliport. It is highly likely that the original ILH skilled nursing facility will be rebuilt in the future. The incremental development of this property on the E comer of Crestline Ave and Claremont St has impacted public/employee parking and public and emergency services access in the area. Margaret S Davis, homeowner 160 Charlotte Ave, Kalispell POB 788, Lakeside MT 59922 Sent from my iPad