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4. Ordinance 1712 - Updates - Zoning Ordinance - 1st ReadingPLANNING FOR THE FUTURE REPORT TO: Kalispell Mayor and City Council FROM: PJ Sorensen, Kalispell Planning Dept Charlie Harball, Interim City Manager SUBJECT Update of Zoning Ordinance MEETING DATE: March 5, 2012 Planning Department 201 I't Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kalispeU.com/planning BACKGROUND: The Kalispell City Planning Board met on February 14, 2012, and held a public hearing to consider a request by the City of Kalispell for a text amendment to update and revise three sections of the zoning ordinance. The proposed revisions were as follows: (1) add "kennels, animal shelters" as an administrative conditional use in the B-2 (General Business) zone under Section 27.12.030, and renumber accordingly; (2) amend the definition of "dwelling, townhouse" to align with changes in subdivision laws relating to townhouses; and (3) amend the definition of "automobile sales and/or repair." One individual spoke at the public hearing in favor of the amendment relating to kennels. The proposal was forwarded to the Council with a positive recommendation on a 7-0 vote. RECOMMENDATION: A motion to approve the request as amended would be in order. FISCAL EFFECTS: Approval of the request would have minimal fiscal effect to the city. ALTERNATIVES: Respectfully submitted, PJ Sorensen Kalispell Planning Dept As suggested by the city council. Report compiled: February 28, 2012 c: Theresa White, Kalispell City Clerk Charlie Harball Interim City Manager Wrh—,AUTj e 7 Nj AT'IMMIEl 'KV CVArit"I TA -rivluzo, SAME. WHEREAS, the City of Kalispell submitted a written request to update the Zoning Regulations for the purpose of updating and revising the current Zoning Regulations; and WHEREAS, the request was forwarded to the Kalispell City Planning Board and Zoning Commission by the Kalispell Planning Department and evaluated pursuant to the terms of 76-3-504, Montana Code Annotated; and WHEREAS, on February 14, 2012, the Kalispell City Planning Board and Zoning Commission held a duly noticed public hearing and upon receiving written and oral evidence from the public, made its recommendation to the Council that the Zoning Regulations be amended to incorporate those changes as set forth in Exhibit "A"; and WHEREAS, the City Council has reviewed the Kalispell Planning Department Report and the transmittal from the Kalispell City Planning Board and Zoning Commission and hereby adopts the findings presented in Kalispell Planning Department report KZTA- 12-1 as the Findings of Fact as support for the enactment of this Ordinance. 11017', THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AS FOLLOWS: SECTION I. The City of Kalispell Zoning Regulations are hereby amended to read as set forth in Exhibit "A", attached hereto and incorporated fully herein by this reference. SECTION 11. The City Attorney is hereby authorized and directed to recodify this Ordinance. SECTION 111. This Ordinance shall take effect thirty (30) days after its final passage. 1V7-TjT=11rT"1 To 'FNE71Tf ?7 T4 K -10T -Tin E CITY OF KALISPELL THIS — DAY OF MARCH, 2012. Tammi Fisher Mayor Theresa White City Clerk EXHIBIT "A" AMENDMENTS TO ZONING ORDINANCE CHAPTER 27.13 B-2 GENERAL BUSINESS Section 27.13.030: Uses Which May Be Permitted By Conditional Use Permit. (1) Assembly halls/stadiums/convention hall facilities (includes public fair grounds, auditoriums, and racetracks) (2) Auto or vehicle body shops (3) Auto parking - structure (4) Bars, taverns, and clubs (Administrative CUP) (5) Campground/RV Park (6) Casino (refer to Section 27.34.040) (7) Contractor's storage yard (8) Dwellings - multi -family - townhouse (3 or more attached units) (9) Group home - 8 or fewer persons - 9 or more persons (10) Homeless shelters (11) Kennels, animal shelters (Administrative CUP) (12-�) Mini-storage/recreational vehicle storage (Administrative CUP) (132) Recreation area, outdoor (143) Residential care home or facility (154) Shooting/archery - indoor (Administrative CUP) (10) Utilities (primary distribution site) Appendix B (partial listing) REVISED USE CATEGORIES "V a N a M a x a a x ca da as a Industrial Uses Aircraft maintenance/repair P I P I C Art foundry, metal sculpture, molding and casting p p p Asphalt batch plants C Assembly - light P P P P Assembly - heavy P Auction yards, livestock C C Auto wrecking/salvage yards C C Contractor's storage yard C P P P Extractive industries C Farm machinery assembly, repair and sales p P P Feed/seed/processing/cleaning C P P Fertilizer, bulk sales P P P Film production studios P P Food processing - light P P P Food processing - heavy P Forest products and manufacturingC P Foundry and metal fabirication plants P Fuel oil/gas/petroleum C C C products, bulk storage/sale Glazier P P P Grain elevators C C C HVAC/electrical/plumbing, sales/service P P P P Heavy equipment sales/service P P P Kennels, animal shelters AC AC AC FC Section 27.37. 10 (15) Automobile Sales and/or Repair. Any epeft area, other than a street, used for the display, sale or repair of new or used automobiles, boats, RVs, motorcycles, or trailers, whether inside a structure or in an outside area. (59) Dwelling, Townhouse. Ownership of a parcel of land with an attached single-family dwelling unit that is connected with ether one or more similar dwelling units but separated from the other similar dwelling unit�s� by a common party wall having no doors, windows or other provisions for human passage or visibility. In order to be considered to be a townhouse as opposed to another dwelling type, such as a duplex or multi -family dwellings, each of the attached dwelling units must have (a) independent water and sewer service lines and metering pursuant to the applicable plumbing code and any other city regulations; and (b) a two hour fire wall separating the unit from any adjoining units. PLANNING FOX THE FUTURE MONTAMAJU February 28, 2012 Charlie Harball, Interim City Manager City of Kalispell 201 First Avenue East Kalispell, MT 59901 Re: Kalispell Zoning Ordinance Amendments — KZTA 12-1 Dear Jane: Planning Department 201 1" Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kalispell.com/planning The Kalispell City Planning Board met on February 14, 2012, and held a public hearing to consider a request by the City of Kalispell for a text amendment to update and revise three sections of the zoning ordinance. PJ Sorensen of the Kalispell Planning Department presented staff report #KZTA-11-01 providing details of the proposal and the evaluation. The proposed revisions were as follows: (1) add "kennels, animal shelters" as an administrative conditional use in the B-2 (General business) zone under Section 27.12.030, and renumber accordingly; (2) amend the definition of "dwelling, townhouse" to align with changes in subdivision laws relating to townhouses; and (3) amend the definition of "automobile sales and/or repair." One individual spoke at the public hearing in favor of the amendment relating to kennels. The proposal was forwarded to the Council with a positive recommendation on a 7-0 vote. Please schedule this matter for the March 5, 2012, regular city council meeting. You may contact this board or Tom Jentz at the Kalispell Planning Department if you have questions regarding this matter. Sincerely, Kalispell City Planning Board Jo hn Hinchey President Attachments: Staff Report #KZTA-12-01 and supporting documents Draft minutes from the 2/14/2012 planning board meeting c w/ Att: Theresa White, Kalispell City Clerk KALISPELL PLANNING DEPARTMENT STAFF REPORT #KZTA-12-1 FEBRUARY 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 update and revise three sections of the zoning ordinance. A public hearing has been scheduled before the Planning Board for February 14, 2012, 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. _tsjtmmang I Ij. As part of a continuing effort to make the zoning ordinance up-to-date and current with changes in state law, staff has compiled a short list of minor amendments to the ordinance for review. One of the proposals relating to kennels was discussed at the January Planning Board work session, while the other two proposals are intended to clarify definitions. They are now being brought forward for a public hearing and formal review. A. Petitioner: Charles Harball, Interim City Manager City of Kalispell P.O. Box 1997 Kalispell, MT 59903 (406) 758-7703 B. Area Effected by the Proposed Changes: Any property within the jurisdictional boundaries of the City of Kalispell may be affected by the proposed changes. C. Proposed Amendments: 1 1; 1 1 ' M11, 1 119 11 B&I Flom V 1111MAW41111� Staff Comment: This proposal arose from a concern raised by the Planning Board at a January work session. An individual brought an issue to the Board's attention regarding a "doggie day-care" business he hopes to locate on Woodland Park Drive across from the Conrad Complex. He was frustrated because the zoning ordinance did not mention "doggie day care" and furthermore the property he wanted to use was zoned B-2 which did not allow for the short or long term boarding of animals. "Doggie Day Care" (the boarding of dogs during the day) is specifically not called out by that term in our zoning ordinance. However, we do consider that this use is provided for under "Kennels and Animal Shelters". The definition of Kennels and Animal Shelters in our zoning ordinance is as follows: Page 1 of 4 "The boarding, breeding, raising, grooming, or training of five or more dogs, cats, or other household pets of any age not owned by the owner or occupant of the premises, and/or for commercial gain." Kennels and Animal Shelters (and doggie day cares) are allowed by the issuance of an administrative conditional use permit in the B-5 (Industrial -Business), I-1 (Light Industrial) and I-2 (Heavy Industrial) zones, and an administrative conditional use permit is required in all three of those zones. As an administrative conditional use, Section 27.34.010 of the ordinance establishes two required conditions which would be attached to any permit for this use: (1) Household animals (specifically dogs and cats) boarded overnight should be kept in climate controlled, sound -proofed buildings. Where facilities are not sound- proofed, no partially or fully enclosed structure of fenced open area (runs, pens, etc.) used to confine animals shall be closer than 100 feet to an adjacent property line. (2) Household animal excreta shall be removed from the site daily or as otherwise necessary to avoid the spread of objectionable odors, insects, pests, and objectionable surface drainage. Staff supports allowing Kennels and Animal Shelters to be extended to the B-2 zone based on the requirement of an administrative conditional use permit. The requirement for public notice to adjacent property owners, along with the standard conditions attached to the permit appear to adequately address any concerns that might arise. Section 27.37.010 (59) Dwelling, 'Townhouse. Ownership of a parcel of land with an attached single-family dwelling unit that is connected with athff one or more similar dwelling units but separated from the other similar dwelling unit�sj by a common party wall having no doors, windows or other provisions for human passage or visibility. In order to be considered to be a townhouse as opposed to another dwelling type, such as a duplex or multi -family dwellings, each of the attached dwelling units must have (a) independent water and sewer service lines and metering pursuant to the applicable plumbing code and any other city regulations; and (b) a two hour fire wall separating the unit from any adjoining units. Staff Comment: Recent changes in state subdivision laws addressed the manner in which townhouse subdivisions are handled. Previously, townhouse development was subject to review under our city subdivision regulations. This past October, the state legislature exempted all townhouse development from subdivision review. Townhouses are a form of ownership where connected units are owned separately by each property owner, who also individually owns the land underneath the unit. This type of ownership is different than a condominium, where separate units are individually owned, but the land underneath is owned by the condominium association and not the individual owner. It is also different Page 2 of 4 than a duplex, where there is a single owner of both the units and the land where the owner leases one or more units. Condominiums have been exempt from the subdivision process, but townhouses have gone through subdivision review in Kalispell. The process has helped the city address some of the unique features of townhouse -style ownership, principally the need for separate water and sewer connections (required by public works regulations) and fire wall separation between units (required by the building code). Neither requirement is particularly burdensome if it is accomplished up front; it is more difficult with a developed property, depending upon how it was originally constructed. Staff believes that the amendment is necessary to avoid possible problems. The city wants to avoid situations where someone proceeds with this type of subdivision and is later surprised by requirements they may not have been aware of. The amendment helps add clarity and certainty which has been lost to a degree because the new subdivision exemption eliminates the previous process that provided guidelines for construction. Section 27.37.010(15) Automobile Sales and/or Repair. Any open area, other than a street, used for the display, sale or repair of new or used automobiles, boats, RVs, motorcycles, or trailers whether inside a structure or in an outside area. Staff Comment: The intent of the definition was to address any area where display, sales, or repair may occur in open areas both inside and outside buildings. However, the definition appears somewhat ambiguous, and could potentially be interpreted as applying only to outside areas. Staff is suggesting a change in the language to clear up the ambiguity. 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. Is the zoning regulation made in accordance with the _growth policy? The proposals are consistent with the growth policy. 2. Does the zoning regulation consider the effect on motorized and nonmotorized transportation systems? The proposed amendments have a minimal effect on transportation systems. Is the zoning regulation designed to secure safety from fire and other dangers? The proposed amendments include standards designed to help ensure that fire safety codes Page 3 of 4 are met in townhouse developments. 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 promoted by creating a more predicable, orderly, and consistent environment. 5. Does the zoning regulation consider the reasonable provision of adequate light and air? The standards help provide for appropriate interaction between developed properties. 6. Is the zoning regulation designed to facilitate the adequate provision of transportation water, sewerage, schools, parks, and other public requirements? As mentioned above, 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 amendments reflect the character of each district. For example, the B-2 zone envisions a variety of sales/service uses to serve the public. The addition of kennels within the zone allows for the provision of a necessary service in an area intended to have a mix of uses. 8. Does the zoning regulation consider conserving the value of buildings? Building values will be conserved by providing reasonable standards within zoning districts by encouraging predictable, orderly, and consistent development within a given area. 9. Does the zoning regulation encourage the most appropriate use of land throughout the municipality? The amendments help create consistency throughout comparable zones, which promotes compatible urban growth. Staff recommends that the Kalispell City Planning Board adopt the findings in staff report KZTA- 12-1 and recommend to the Kalispell City Council that the proposed amendment be adopted as provided herein. Page 4 of 4 NOTICE OF r : HEARING FEBRUARY1 The regular meeting of the Kalispell City Planning Board and Zoning Commission is scheduled for Tuesday, February 14, 2012, beginning at 7:00 PM in the Kalispell City Council Chambers, Kalispell City Hall, 201 First Avenue East, Kalispell. The planning board will hold a public hearing and take public comments on the following agenda item. The Board will make a recommendation to the Kalispell City Council who will take final action. 1. A request by the City of Kalispell to update the Kalispell Zoning Ordinance. As part of a continuing effort to make the ordinance up-to-date and current with changes in state law, staff, in conjunction with the Kalispell City Planning Board and Zoning Commission, has compiled a short list of minor amendments for review. The amendments include: ® Adding "Kennels, Animal Shelters" as an administrative conditional use in the B-2 (General Business) zone; ® Amending the definition of "Dwelling, Townhouse"; and ® Amending the definition of "Automobile Sales and/or Repair." Documents pertaining to the agenda item are on file for public inspection at the Kalispell Planning Department, 201 First Avenue East, Kalispell, MT 59901, and are available for public review during regular office hours. In addition, information on the agenda item is posted on our website at www.kalispell.com/planning under "Planning Board Agenda & Staff Reports". Interested persons are encouraged to attend the hearing and make their views and concerns known to the Board. Written comments may be submitted to the Kalispell Planning Department at the above address, prior to the date of the hearing, or you may call us at (406) 758-7940, or e-mail us at planning�a,kalispell.com for additional information. Thomas R. Jentz Planning & Building Director STATE OF MONTANA FLATHEAD COUNTY AFFIDAVIT OF PUBLICATION RICHELLE ROONEY BEING DULY SWORN, DEPOSES AND SAYS: THAT HE IS THE LEGAL CLERK OF THE DAILY INTER LAKE A DAILY NEWSPAPER OF GENERAL CIRCULATION, PRINTED AND PUBLISHED IN TIIE CITY OF KALISPELL, IN THE COUNTY OF FLATHEAD, STATE OF MONTANA, AND THAT NO. 19138 LEGAL ADVERTISMENT WAS PRINTED AND PUBLISHED IN TIIE REGULAR AND ENTIRE ISSUE OF SAID PAPER, AND IN EACH AND EVERY COPY THEREOF ON THE DATES Of Jan. 29, 2012. AND THE RATE CHARGED FOR THE ABOVE PRINTING DOES NOT EXCEED TIIE MINIMUM GOING RATE CHARGED TO ANY OTHER ADVERTISER FOR TIIE SAME PUBLICATION, SET IN THE SAME SIZE TYPE AND PUBLISHED FOR THE SAME NUMBER OF INSERTIONS. il.�L-�'�--&-- -- --- `ice- ---- Subscribed and sworn to Before me this January 30, 2012 I.GlerossDorothy Notary Public for the State of Montana Residing in Kalispell My commission expires 9/11/2013 �t*� �. oNo DOROTHY I. GLENCROSS p�ANOTARY PUBLIC for the State of Montana * SEAL * Residing at Kalispell, Montana c° My Commission Expires �feof Mta September 11, 2013 MINUTES OF REGULAR MEETINr- FEBRUARY 14,2012 1 CALL TO ORDER AND The regular meeting of the Kalispell City Planning Board and ROLL CALL Zoning Commission was called to order at 7:00 p.m. Board members present were: John Hinchey, Chad Graham, Bryan Schutt, Rory Young, Phillip Guiffrida, Richard Griffin and Blake Sherman. Tom Jentz, P.J. Sorensen, and Sean Conrad represented the Kalispell Planning Department. There were 3 members of the public in attendance. APPROVAL OF MINUTES Schutt moved and Guiffrida seconded a motion to approve the minutes of November 29, 2012 as submitted. ROLL CALL The motion carried unanimously on a vote by acclamation. PUBLIC COMMENT No one wished to speak. ZONING ORDINANCE A request by the City of Kalispell to update the Kalispell Zoning AMENDMENTS Ordinance. As part of a continuing effort to make the ordinance up- to-date and current with changes in state law, staff, in conjunction with the Kalispell City Planning Board and Zoning Commission, has compiled a short list of minor amendments for review. The amendment include: ® Adding "Kennels, Animal Shelters" as an administrative conditional use in the B-2 (General Business) zone; ® Amending the definition of "Dwelling, Townhouse"; and ® Amending the definition of "Automobile Sales and/or Repair. STAFF REPORTS KZTA-12- P.J. Sorensen representing the Kalispell Planning Department 01 reviewed staff report KZTA- 12-0 1. Sorensen said the amendment to add "Kennels, Animal Shelters" as an administrative conditional use in the B-2 (General Business) zone arose from a concern raised by the planning board at their last meeting. Currently there isn't a category for a "doggie day care" use in the ordinance but Sorensen added there is a definition of a kennel/animal shelter which is broad enough to encompass this use. When the ordinance was updated a few years ago staff looked at kennels being located in the B-5 and industrial zones and in looking at this particular type of use some of the standard conditions relate to having sound -proof buildings or appropriate buffers from property lines and removing the animal waste on a regular basis. Sorensen continued that requiring an administrative conditional use permit for this use includes notification of adjoining property owners within Kalispell City Planning Board Minutes of the meeting of February 14, 2012 Pagel of Sorensen noted that given those conditions staff thought B-2 would be an appropriate zone since it is intended to have a mix of different service and retail type of uses. The second amendment would change the definition of "Dwelling, Townhouse". Condominiums have been exempt from the city's subdivision process but a change came out of the Legislature that also exempted townhomes. Sorensen said previously staff could address townhomes through subdivision review which ensured that there is independent water and sewer connections and independent metering to the units which is required under plumbing code and Public Works regulations; and also helped to ensure that the appropriate 2 hour firewall is constructed to separate the buildings. In order to make sure the public is aware of those issues up -front staff is recommending amending the definition in the zoning ordinance. Thirdly the amendment to change the definition to automobile sales and or repair came up when working with a particular project and although they are not changing the original intent, the way it was written was somewhat ambiguous in relation to work inside and outside of buildings. Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt staff report KZTA-12-01 as findings of fact and recommend to the Kalispell City Council that the proposed amendments be adopted as provided herein. BOARDQUESTIONS Griffin asked for an average dimension of a B-2 lot and Sorensen said it varies depending upon location and if the lots were joined for one business but most lots along Idaho are 7100 square feet. Griffin said one of the requirements is a setback of 100 feet from the property lines which means that a lot would have to be a minimum of 220-230 by 230 feet and there aren't many lots that large. Sorensen said there are two alternatives under the condition which is they can have the animals in a sound -proof building or they would be required to have additional buffering from other properties if the building is not sound -proofed. Hinchey asked if outdoor fenced area would be required or would those issues be a part of the conditional use review? Sorensen said the city doesn't govern how the business is run and it would be the business owner's call as to what they would offer their customers. Sorensen added there are regulations in place that deal with the treatment of animals and the zoning ordinance would only address if the use is appropriate. Kalispell City Planning Board Minutes of the meeting of February 14, 2012 Page 2 of 4 PUBLIC HEARING Michael Taylor, 110 Collier Lane stated he wants to open a dog facility. He noted that dog day care would only be part of the business. They would also provide training, dog washing, retail, and adoption events on Saturdays. Taylor noted the location of the proposed business is 900 East Idaho, next to the railroad tracks and the former Rygg Ford. The closest neighbor is Anderson Masonry which is who he is leasing the building from. Taylor said the animals will be in a controlled environment and would not be allowed to bark all day as some neighbors dogs do. Taylor doesn't think this type of business should be allowed just anywhere but here there are no houses and no one to bother. No one else wished to speak and the public hearing was closed. MOTION Guiffrida moved and Graham seconded a motion to adopt staff report KZTA-12-01 as findings of fact and recommend to the Kalispell City Council that the proposed amendments be adopted as provided herein. BOARD DISCUSSION Hinchey said Mr. Taylor identified other services for this business and he asked if those services would fall under this amendment and Jentz said the additional services are already allowed in the B-2 zone and this amendment addresses the keeping of animals on the premises. Jentz added the 100 foot setback between buildings and businesses that was discussed earlier would apply for overnight boarding but not for day use. Jentz said they would look at each situation under the administrative conditional use permit process and based on public comment may add conditions. ROLL CALL The motion passed unanimously by a roll call vote. OLD BUSINESS: None. NEW BUSINESS: None. ADJOURNMENT The meeting adjourned at approximately 7:15 p.m. WORK SESSION Immediately following the regular meeting of the Kalispell City Planning Board and Zoning Commission a work session was held on the following: 1. Growth Policy Update 2. CORE Steering Committee Kalispell City Planning Board Minutes of the meeting of February 14, 2012 Page 3 of 4 NEXT MEETING The next regular meeting of the Kalispell City Planning Board has not been scheduled for Tuesday, March 13, 2012 beginning at 7:00 p.m. in the city council chambers located at 201 1" Avenue East, Kalispell. The next work session will be held immediately following the March 13 th meeting. John Hinchey President APPROVED as submitted/corrected: —/—/12 Michelle Anderson Recording Secretary Kalispell City Planning Board Minutes of the meeting of February 14, 2012 Page 4 of 4