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Staff Report/Zoning Text AmendmentRegionalFlathead eve e ICC 723 5th Avenue East - Room 414 Kalispell, Montana 59901 Phone: (406) 758-5980 Fax: (406) 758-5781 REPORT TO: Kalispell Mayor and City Council FROM: Narda A. Wilson, Senior Planner Chris A. Kukulski, City Manager SUBJECT: Zoning Text Amendment - Village Plaza Development MEETING DATE; March 5, 2001 BACKGROUND: The applicants are proposing to amend the Kalispell Zoning Ordinance, Section 27.13.020(15), permitted uses in the B-1, Neighborhood Buffer District to increase maximum allowable gross floor area of "retail enterprises dispensing on premise commodities or food" from a maximum of 3,000 square feet of gross floor area to 4,000 square feet. This amendment would apply to any properties with a B-1, Neighborhood Buffer District, zoning would potentially be effected by the proposed change. The applicants are bringing this proposal before the board and council for consideration because they are in the process of developing Village Plaza, a small neighborhood commercial development located on the northeast corner of West Evergreen Drive and Whitefish Stage Road. The development has an internal loop road system and the entire project will contain approximately 60,000 square feet of space. One of the uses currently underway includes a restaurant. However, the applicants have found that the limitation of 3,000 square feet of gross floor area limits the needs of the applicant, and they have therefore applied for an approximately one-third increase in the total square footage allowed in association with this use. The Kalispell City -County Planning Board held a public hearing at their regular meeting of February 13, 2001 and have unanimously recommended that the city council approve the proposed changes to the Kalispell Zoning Ordinance. RECOMMENDATION: A motion to adopt the ordinance on first reading would be appropriate. FISCAI. EFFECTS: 4k& -,�, - h Narda A. Wilson Senior Planner Potentially minor positive effects. As suggested by the city council. Chris A. Kukulski City Manager Providing Community Planning Assistance To: Flathead County • City of Columbia Falls • City of Kalispell • City of Whitefish Memo to Council on Text Amendment February 21, 2001 Page 2 Report compiled: February 21, 2001 c: Theresa White, Kalispell City Clerk Attachments: Transmittal letter FRDO report KZTA-01-1 and application materials Draft minutes from 2/ 13/01 planning board meeting H: \FRDO \TRANSMIT\KALISPEL\2001 \ KZTA01-1 MEM. C Flathead Regional Development Office 723 Y Avenue Room 414 Kalispell, Montana 59901 Phone: (406) 758-5980 Fax: (406) 758-5781 February 16, 2001 Chris Kukulski, City Manager City of Kalispell P.O. Box 1997 Kalispell, MT 59903 Re: Zoning Text Amendment - Village Plaza Development Dear Chris: The Kalispell City -County Planning Board met in regular session on Tuesday, February 13, 2001 and held a public hearing on a request by Village Plaza Development for a zoning text amendment that would increase maximum allowable gross floor area of "retail enterprises dispensing on premise commodities or food" from a maximum of 3,000 square feet of gross floor area to 4,000 square feet in the B-1, Neighborhood Buffer District. Narda Wilson presented a staff report on KZTA-01-1 and stated that staff supported the proposal and recommended approval of the proposed text amendment. During the public hearing Gerald Schultz spoke in favor of and no one spoke in opposition to the proposal. The board discussed the proposal and adopted staff report #KZTA-01-1 as findings of fact and, based on those findings unanimously voted to forward a recommendation to the Kalispell City Council to approve the amendment to the Kalispell Zoning Ordinance, as proposed. Please schedule this matter for the March 5, 2001 city council meeting. You may contact this board or Narda Wilson at the Flathead Regional Development Office if you have any questions regarding our recommendation. Sincerely, Kalispell City -County Planning Board GS/NW/dw Providing Community Planning Assistance To: • Flathead County • City of Columbia Falls • City of Kalispell • City of Whitefish • Zoning Text Amendment — Village Plaza Development February 16, 2001 Page 2 of 2 Attachments: FRDO Report #KZTA-01-1/Application Materials Draft planning board minutes of 2/ 13/01 c w/Att: Theresa White, Kalispell City Clerk c: Village Plaza Development, 38 Village Loop, Kalispell, MT 59901 H:... \TRANSMIT\KALISPEL\2001 \KZTA-01- i VILLAGE PLAZA DEVELOPMENT REQUEST•' ZONING TEXT AMENDMENT REPORTR LATHEAD REGIONAL DEVELOPMENT OFFICE STAFF r 2001 A report to the Kalispell City -County Planning Board and the Kalispell City Council regarding a request for a text amendment. A public hearing has been scheduled before the Kalispell City -County Planning Board for February 13, 2001 beginning at 7:00 PM in the Kalispell City Council Chambers. The planning board will forward a recommendation to the Kalispell City Council for final action. The applicants are proposing to amend Section 27.13.020(15), permitted uses in the B-1, Neighborhood Buffer District to increase maximum allowable gross floor area of "retail enterprises dispensing on premise commodities or food" from a maximum of 3,000 square feet of gross floor area to 4,000 square feet. A. Petitioner and Owners: Village Plaza Development 38 Village Loop Kalispell, MT 59901 (406)257-5903 E. Area Effected by the Proposed Changes: This amendment would apply to any properties with a B-1, Neighborhood Buffer District, zoning would potentially be effected by the proposed change. The current B-1 regulations are attached as Exhibit A. C. Proposed Amendments: This proposal would amend Section 27.13.020(15), permitted uses in the B-1, Neighborhood Buffer District. Specifically, the amendment would increase maximum allowable gross floor area of "retail enterprises dispensing on premise commodities or food" from a maximum of 3,000 square feet of gross floor area to 4,000 square feet. This amendment would apply to any properties with a B-1, Neighborhood Buffer District, zoning designation. D. Staff Discussion: The applicants are bringing this proposal before the board and council for consideration because they are in the process of developing Village Plaza, a small neighborhood commercial development located on the northeast corner of West Evergreen Drive and Whitefish Stage Road. The development has an internal loop road system and the entire project will contain approximately 60,000 square feet of space. One of the uses currently underway includes a restaurant. However, the applicants have found that the limitation of 3,000 square feet of gross floor area limits the needs of the applicant, and they have therefore applied for an approximately one-third increase in the total square footage allowed in association with this use. The statutory basis for reviewing a change in zoning is set forth by 76-2-205, M.C.A. Findings of Fact for the zone change request are discussed relative to the itemized criteria described by 76-2-203, M.C.A. !• • -• -INTOW.01810MITNine RN.i • •- u. ' .• The master plan addresses "neighborhood commercial" areas as occurring on strategically located collectors and arterials within or adjacent to residential area to provide goods and services to residents within the immediate area. Several neighborhood commercial areas are identified in the master plan, one of which includes the area where this change will be effected. The moderate increase in the total square footage associated with "retail enterprises dispensing on premise commodities or food" from a maximum of 3,000 square feet of gross floor area to 4,000 square fee could be considered to be in substantial compliance with the master plan. The proposed change in square footage would not typically generate impacts beyond the types of impacts associated with other uses allowed in the B-1 zoning district. This change would not generally effect the congestion in the street. The amendment would not effect or compromise the security and safety of the community. Adequate building, parking and access standards would be addressed during the development or occupation of a particular site. The overall change would not compromise the safety and secure from fire or other dangers. The general health and welfare of the public will be promoted by encouraging the appropriate use of compatible commercial land resources, concentrating like uses within established commercial districts. Light and air between and surrounding buildings would not be impacted with this change. The development standards of the zoning district would address building height, setback and minimum lot size requirements. Allowing a modest increase in the total allowable square footage for restaurant in the B-1 zone would not result in the overcrowding of land or the undue concentration of people. Public services and facilities are generally available in areas where there would be B-1 zoning and it is anticipated that the uses in the district will make use of the infrastructure. As proposed the change to allow an increase in the square footage for restaurants would not have any more of an impact on those services than would be anticipated with other permitted uses. MMOUNC.16110M WAO)GXQ"' M%Q9101000 RMINUM MAR MERMOMMM. 'onmewAFuellioud • •• • •. _ - A neighborhood zoning would be anticipated to have uses, which serve the local area, one of which would be a small restaurant. The modest increase would still be compatible and complementary of other uses which would be found in areas zoned B-1. The proposed changes give adequate consideration to the particular suitability of the district which anticipates the development of neighborhood commercial areas. The use of restaurants would be consistent with this type of anticipated development and is suitable for the district. 340 The character of the B-1 zoning district is that of neighborhood services as well as offices and other small businesses. Restaurants would be compatible with the neighborhood character of the area where they would be anticipated to be found. It appears that this amendment gives reasonable consideration to the character of the B-1 district. Building values would not be negatively impacted by allowing a modest increase in square footage for restaurants because they would generally be in anticipated to be in areas intended to serve the neighborhood and they would attract patrons and customers on a repeat basis. The value of buildings would be preserved with the proposed changes. The most appropriate land uses throughout the jurisdiction is promoted by encouraging complementary and compatible uses which will help maintain property values and provide for economic stability within the community. The requested changes will encourage the most appropriate use of land throughout the jurisdiction. Staff recommends that the Kalispell City -County Planning Board adopt FRDO staff report #KZTA-01-1 as findings of fact and, based on these findings, recommend to the Kalispell City Council that the Kalispell Zoning Ordinance be amended to increase the maximum allowable gross floor area of "retail enterprises dispensing on premise commodities or food" from a maximum of 3,000 square feet of gross floor area to 4,000 square feet in the B-1, Neighborhood Buffer District. H: \... \KZTA\01 \KZTA011 NW CHAPTER 27.13 B-1 NEIGHBORHOOD BUFFER DISTRICT (Amended Ordinance No. 1211) Sections: 27.13.010 Intent 27.13.020 Permitted Uses 27.13.030 Uses Which May Be Permitted By Conditional Use Permit 27.13.040 Property Development Standards 27.13.010: Intent. A business district to provide certain commercial and professional office uses where such uses are compatible with the adjacent residential areas. This district should serve as a buffer between residential areas and other commercial districts. The district is not intended for those businesses that: (1). Require the outdoor display, sale and/or storage of merchandise, outdoor services or operations, or outdoor consumption of food and beverages. 27.13.020: Permitted Uses. (1). Artist studio with incidental sales. (2). Bakery/deli, wholesale/retail, less than 1,500 square feet manufacturing area. (3). Business offices and any type of enterprise rendering professional or personal services, provided: (a) Professional service does not involve keeping the person receiving the service overnight on the premises; and (b) Professional service does not include kennels or animal hospitals or animal clinics. (4). Chemical dependency/substance abuse clinic (outpatient only). (5). Church/worship/parish/Sunday school buildings. (6). Clinics, medical and dental. (7). Counseling center for the physically or mentally disabled. (8). Music education with related performance and limited sales. (9). Office, professional/governmental. (10). Parks. (11). Pet shops. (12). Photographic studios. (13). Post office - satellite or neighborhood. (14). Prepared food delivery facilities. (15). Retail enterprises, no larger than 4,000 square feet in -gross floor area, dispensing on premises commodities or food, except bars, casinos, taverns, cocktail lounges, clubs and associated commercial enterprises. (16). Shoe Repair.y (17). Take and bake prepared food facility. 27.13.030: Uses Which May Be Permitted By Conditional Use Permit. (1). Apartments, Accessory. (Amended Ordinance No. 1195.) (2). Automobile service station (see definition). (3). Car wash, automobile detailing shop. (4). Community center/gym/swim pools operated by public or quasi -public. (5). Day care center. (6). Electrical distribution station. (7). Law enforcement/fire stations. (8). Libraries, museums, and similar cultural facilities. (9). Life styling center. (10). Railroad rights -of -way. (11). School, commercial. (12). Telecommunication companies and/or radio common carriers with ancillary antennas with monopole design and a base not to exceed 12 inches and a total height not to exceed 70 feet. (Amended Ordinance No. 1207) (13). Temporary building/structure. (14). Water storage facilities. 27.13.040 Property Development Standards. (1). Minimum Lot Area: 7000 square feet (2). Minimum Lot Width (FT): 60 (3). Minimum Yards (FT): Front Yard - 20 Side Yard - 5 Rear Yard - 20 Side Corner - 15 (4). Maximum Building Height (FT): 30 (5). Permitted Lot Coverage (%): 50 (6). Off -Street Parking: Refer to Sections 27.26 and 27.27. (7). Maximum Fence Heights (FT): Front - 0 Side - 6.5 Rear - 6.5 Mayor and City Council City of Kalispell Box 1997 Kalispell, MT. 59901 Honorable Mayor and City Council: 38 Village Loop KALISPELL MT 59901 PHONE (406) 257-5903 January 18, 2001 We formally request a text change to the City B- I Neighborhood Buffer District, Section 27.13.020 Permitted Uses paragraph 15. To increase the current 3000 square feet in gross floor area to 4000 square feet. Sincerely, Gerald Schulze Vice Precedent APPLlCATIO,N MATERIAL JAN 1 8 2001` F K. G. 0. BAN-17-01 WED 05:34 P.V FRDO FAX:4067535791 PAGE 2 I. 2. 3. 0 S. FUthead Regional Development OjEce 723 5th Ave. East Room 414 Ha pen, MT 59901 Phone: (406)758-548-5781 APPLICATICN AA -AT r' N!- PETITION FOR ZONING AMENDMENT `4 `✓:¢ J A N 18 2001 CITY OF KALISPELL NAME OF APPLICANT:- F. R. D. O. MAIL ADDI2ES5: 3 $ �i CITY/STATE/ZIP: ': S�clq®[ PHONE: (Yr 2.575`lo3 INTEREST IN PROPERTY: ZONING MAP AMENDMENT: ZONING TEXT AMENDMENT: A. What is the proposed zoning text amendment? A. Address of the property- B. Legal Description: bdivision; Tract #) (Section, To ship, Range) (Attach sheet form and bounds) C. The sent zoning of the above property is: D. a proposed zoning of the above property is: E. State the changed or changing conditions that make the proposed amendment necessary: 1 JAN-17-u1 WED 05:34 FM FRDO FAX:4067585781 FAGE 3 -A&WIV6`91-IX THE PRO-P70SED—C --'C- TEAT AND PURPOSE OF: A. Promoting the Master • B. Lessening congestion in the streets and providing safe access�t Q C. Promoting safety from fire, panic and other dangers Vin 0 D. Promoting the public. interest, health, welfare convenience, safety and general it'i(11. E. Preventing the overcrowding of land tk) i i^ F. Avoiding undue concentration of population Ivy G. Facilitating the adequate provision of transportation, water, sewage, schools, parks and other public facilities H. Giving reasonable consideration to the character of the district ���` JAN-17-01 WED 05:84 PY F&DO FAX:406758578I PAGE 4 I. Giving consideration to the peculiar suitability of the property for particular uses J. Protecting and conserving the value of buildings i. I n I .% _t. K. Encouraging the most appropriate use of land by assuring orderly growth The signing of this application signifies approval for F.R.D.O. staff to be present on the property for routine monitoring and inspection during approval process. (Applicant) (Date) 3 NOTICEOF HEARING L OUNTY PLANNINGBOARD AND ZONING COMMISSION ZoningKalispell AmendmentAccessory m, _ The regular meeting of the Kalispell City -County Planning Board and Zoning Commission is scheduled for Tuesday, February 13, 2001 beginning at 7:00 PM in the Kalispell City Council Chambers, Kalispell City Hall, 312 First Avenue East, Kalispell. During the regularly scheduled meeting of the planning board, the board will hold public hearings and take public comments on the following agenda items. The board will make a recommendation to the Board of County Commissioner or the Kalispell City Council who will take final action: 1. An amendment to the Kalispell Zoning Ordinance proposed by Village Plaza Development that would amend Section 27.13.020(15), permitted uses in the B-1, Neighborhood Buffer Care District. Specifically, the amendment would increase maximum allowable gross floor area of "retail enterprises dispensing on premise commodities or food" from a maximum of 3,000 square feet of gross floor area to 4,000 square feet. This amendment would apply to any properties with a B-1, Neighborhood Buffer District, zoning designation. 2. A conditional use permit request by James and Leslie Clayborn to allow an accessory apartment in conjunction with an art studio on property zoned B-1, Neighborhood Buffer District. This zoning district lists accessory apartments as a conditionally permitted use. This use is proposed as a second story apartment over an art studio that would be in addition to the office building that currently exists on the property as a separate structure. The property address is 494 N. Main Street, Kalispell and is located south of California Street on the west side of Main Street. The property can be described as Lot 1, Block 238, Kalispell Addition 6 located in Section 7, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. Documents pertaining to these agenda items are on file for public inspection in the Flathead Regional Development Office, 723 Fifth Avenue East, Room 414, Kalispell, MT 59901, and are available for public review during regular office hours. Interested persons are encouraged to attend the hearings and make their views and concerns known to the planning board. Comments in writing may be submitted to the Flathead Regional Development Office at the above address prior to the date of the hearing or you may contact Narda Wilson, Senior Planner, for additional information. a�"a 4 - Thomas R. Jentz Planning Director CALL TO ORDER AND Greg Stevens called the meeting to order at approximately 7:00 ROLL CALL p.m. Members present were: Don Mann, Don Hines, Don Garberg, Ron Van Natta, Rob Heinecke, Brian Sipe, and Greg Stevens. Dale Pierce was absent. Bill Rice had an excused absence. Narda Wilson represented the Flathead Regional Development Office. There were approximately 5 people in the audience. APPROVAL OF MINUTES On a motion by Van Natta and seconded by Mann the minutes of the meeting of January 9, 2001 were unanimously approved as submitted. Heinecke requested that the names of each voter be reflected in the minutes on a roll call vote, unless it is unanimous. VILLAGE PLAZA An amendment to the Kalispell Zoning Ordinance proposed by DEVELOPMENT ZONING Village Plaza. Development that would increase maximum TEXT AMENDMENT allowable gross floor area of "retail enterprises dispensing on premise commodities or food" from 3,000 to 4,000 square feet in the B-1 zoning district. Brian Sipe stepped off the board due to a conflict of interest. STAFF PORT Narda Wilson, of the Flathead Regional Development Office, gave a presentation of staff report KZTA-01-1. The applicants were in the process of developing Village Plaza, a small neighborhood commercial development located on the northeast corner of West Evergreen Drive and Whitefish Stage Road. The development has an internal loop road system and the entire project will contain approximately 60,000 square feet of space. One of the uses currently underway includes a restaurant. However, the applicants have found that the limitation of 3,000 square feet of gross floor area limits the needs of the applicant, and they have therefore applied for an approximately one-third increase in the total square footage allowed in association with this use. PUBLIC HEARING The public hearing was opened to those who wished to speak on the proposal. PROPONENTS Gerald Schultz, 620 Michels Slough Road, stated the Grainery Restaurant had grown beyond their projections and they needed more space. He said the development was already set up so they could get the extra 1,000 feet without any structural change. OPPONENTS No one wished to speak and the public hearing was closed. TION Garberg moved and Van Natta seconded to adopt staff report KZTA-01-1 as findings of fact and, based on those findings, recommend to the Kalispell City Council that the Kalispell Zoning ordinance be amended as proposed. BOARD DISCUSSION Mann asked why 3,000 square feet was originally put in and Wilson said it was based on neighborhood character, feel and scale. ROLL CALL On a roll call vote the motion passed unanimously. JAMES AND LESLIE A conditional use permit request by James and Leslie Clayborn CLAYBORN to allow an accessory apartment in conjunction with an art CONDITIONAL USE studio on property zoned B-1, at 494 N. Main Street, Kalispell. PERMIT STAFF REPORT Narda Wilson, of the Flathead Regional Development Office, gave a presentation on staff report KCU-01-1. A request for an accessory apartment in conjunction with an art studio on property zoned B-1, Neighborhood Buffer District. This zoning district lists accessory apartments as a conditionally permitted use. This use is proposed as a second story apartment over an art studio that would be in addition to the office building that currently exists on the property as a separate structure. The existing office building to the east of the site is approximately 700 square feet. The new office building to the west of the site will contain approximately 780 square feet and the apartment above will contain approximately 835 square feet. The applicants would live in the apartment above the art studio where Mr. Clayborn will run his business. The existing building would be rented as an office or similar use. Staff reviewed the criteria and recommended the Kalispell City County Planning Board adopt the findings of fact and forward a recommendation of approval to the City Council. The only comment received was a letter of favorable input. PUBLIC HEARING The public hearing was opened to those who wished to speak on the proposal. PROPONENTS Jim Clayborn, 820 3rd Ave. West, said Wilson outlined the proposal and hopefully it would be passed. He said they would do a nice building on their property. No one wished to speak and the public hearing was closed. OTION Mann moved and Sipe seconded to adopt staff report KCU-01-1 as findings of fact and recommended the Kalispell City Council grant the conditional use permit subject to the 7 conditions recommended by staff. BOARD DISCUSSION Mann asked if Mr. Clayborn had a problem with any of the conditions and Clayborn said no, they would do what they Kalispell City -County Planning Board February 13, 2001 Meeting Minutes Page 2 of 3