04. Ordinance 1715 - Zoning Text Amendment - 2nd ReadingPlanning Department
201 1s` Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.kalispell.com/plannin�
REPORT TO: Doug Russell, City Manager
FROM: PJ Sorensen, Kalispell Planning Dept
SUBJECT KZTA12-02 — Kalispell Center Mall Zoning Text Amendment
Ordinance 1715 - Second Reading
MEETING DATE: August 20, 2012
BACKGROUND: The Kalispell City Planning Board met on July 10, 2012, and held a public
hearing to consider a request by Red Lion Hotels Limited Partnership d/b/a Kalispell Center Mall for
a text amendment to Section 27.22.040 in order to allow certain changes to existing reader boards to
be considered to be routine maintenance rather than an alteration of the sign. The current ordinance
states that "changing a face or other component of a sign is considered an alteration of the sign and
shall not be considered routine maintenance."
With this particular request, a designation of routine maintenance would allow repairs to be made to
an existing electronic reader board without the need to bring the entire non -conforming sign into
compliance as long as it is of the same size, color and lights, although current light intensity
requirements would need to be met. No one spoke at the public hearing regarding the amendment.
The proposal was forwarded to the Council with a positive recommendation on a 6-0 vote. The first
reading of the ordinance was approved by the Council by a unanimous vote at its August 6 meeting
RECOMMENDATION: A motion to approve the requested amendment.
FISCAL EFFECTS: Approval of the request would have minimal fiscal effect to the City.
ALTERNATIVES: Deny the request, which would maintain current wording related to
maintenance.
Respectfully submitted,
PJ Sorensen
Kalispell Planning Dept
Report compiled: August 9, 2012
c: Theresa White, Kalispell City Clerk
AN ORDINANCE AMENDING THE 111,�-LISPELL ZONING ORDINANCE (OIUINAftCE
NO. 1677), BY AMENDING SECTION 27.22, SIGN REGULATIONS, AND DECLARING
AN EFFECTIVE DATE.
WHEREAS, the City of Kalispell has submitted a written request to amend the Kalispell Zoning
Ordinance, by amending Section 27.22, Sign Regulations; and
WHEREAS, the request was forwarded to the Kalispell City Planning Board and Zoning
Commission by the Kalispell Planning Department after having been evaluated under
27.29.020, Kalispell Zoning Ordinance; and
WHEREAS, the Kalispell City Planning Board and Zoning Commission recommended that the
text of the Kalispell Zoning Ordinance be amended by considering certain changes to
existing reader boards to be routine maintenance rather than an alteration of the sign;
and
WHEREAS, the City Council has reviewed the KPD Report and the transmittal from the Kalispell
City Planning Board and Zoning Commission and hereby adopts the findings made in
Report #KZTA-12-2 as the Findings of Fact applicable to this Ordinance.
NOW, THEREFORE, BE IT •••i BY THE CITY CO-1-NCIL • TNE—CIT-Y--OF
KALISPELL AS FOLLOWS:
SECTION I. The City of Kalispell Zoning Ordinance, Ordinance No. 1677, is
hereby amended as follows on Exhibit "A".
SECTION H. All parts and portions of Ordinance No. 1677 not amended hereby
remain unchanged.
SECTION III. 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 20TH DAY OF AUGUST, 2012.
Tammi Fisher
Mayor
Theresa White
City Clerk
EXHIBIT "A"
27.22.040: Permits Required. Unless otherwise provided by this ordinance, all signs shall
require permits and payment of fees as described in Section 27.22.160 of this
ordinance.
(1) No permit is required for the routine maintenance of a sign, �e t as
otherwise specified in this section.
(2) Changing a face or other component of a sign is considered an alteration of
the sign and shall not be considered routine maintenance, except that the
replacement of reader boards with reader boards of the same size, color
lights, and type are considered to be routine maintenance provided that a
permit is obtained. Any reader board replaced under this provision shall
comply with light intensity requirements for electronic reader boards as
provided for in Section 27.22.070.
PLANNING FOR THE FUTURE
July 27, 2012
Doug Russell, City Manager
City of Kalispell
201 First Avenue East
Kalispell, MT 59901
MONTANA
Re: Kalispell Zoning Ordinance Amendments — KZTA 12-2
Dear Doug:
Planning Department
201 V Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fag: (406) 758-7739
www.kalispell.com/planning
The Kalispell City Planning Board met on July 10, 2012, and held a public hearing to consider a
request by Red Lion Hotels Limited Partnership d/b/a Kalispell Center Mall for a text amendment to
allow certain changes to existing reader boards to be considered to be routine maintenance rather than
an alteration of the sign. In this particular instance, a designation of routine maintenance would allow
repairs to be made to an existing electronic reader board without the need to bring the entire non-
conforming sign into compliance.
PJ Sorensen of the Kalispell Planning Department presented staff report #KZTA-12-02 providing
details of the proposal and the evaluation. No one spoke at the public hearing regarding the
amendment. The proposal was forwarded to the Council with a positive recommendation on a
6-0 vote.
Please schedule this matter for the August 6, 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
Chad Graham
President
Attachments: Staff Report #KZTA-12-02 and supporting documents
Draft minutes from the 7/10/2012 planning board meeting
c w/ Att: Theresa White, Kalispell City Clerk
c w/o Att: Red Lion Hotels Limited Partnership, d/b/a Kalispell Center Mall, c/o Goodale &
Barbieri Company, 818 W Riverside Avenue, Ste 300, Spokane, WA 99201
CITY OF KALISPELL — ZONING GULATI€!.
KALISPELL PLANNING 4DEPARTMENT
STAFF REPORT #KZTA-12-2
2012
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 consider certain changes to
existing reader boards to be routine maintenance rather than an alteration of the sign. A public
hearing has been scheduled before the Planning Board for July 10, 2012, beginning at 6:00 PM in
the Kalispell City Council Chambers. The Planning Board will forward a recommendation to the
Kalispell City Council for final action.
A. Petitioner: lied Lion hotels Limited Parternship
d/b/a Kalispell Center Mall
c/o Goodale & Barbieri Company
818 Vey Riverside Ave, Ste 300
Spokane, WA 99201
(509) 459-6109
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.
27.22.040: Permits Required. Unless otherwise provided by this ordinance, all signs
shall require permits and payment of fees as described in Section 27.22.160
o f this ordinance.
(1) No permit is required for the routine maintenance of a sign, except as
otherwise specified in this section.
(2) Changing a face or other component of a sign is considered an alteration
of the sign and shall not be considered routine maintenance except that the
replacement of readerboards with reader boards of the same size, color
lights, and type are considered to be routine maintenance provided that a
permit is obtained. Any reader board replaced under this provision shall
comp with light intensityrequirements for electronic reader boards as
provided for in Section 27,22.070.
D. Staff Discussion: For several years, the Kalispell Center Mall has wanted to
repair/replace its electronic reader board sign near the intersection of Main and Center. The
reader board does not function properly, and efforts to perform general maintenance on it have
had only minimal success. The only real fix would be to essentially replace the reader board
component. The problem they ran into, however, is a sign ordinance rule which requires non -
Page 1 of 3
conforming signs to be brought fully into conformance when a Cumulative total of more than 50%
of the sign face is replaced, or when a structural modification is performed (i.e. changing anything
other than a sign face).
This particular sign is non -conforming in several ways, including, but not limited to, its
size and height. Replacing the reader board would both exceed the cumulative 50% total based
on prior changes, and would involve changing structural components of the sign. Under the
current rules, the existing sign would have to be removed and relocated to be brought into
conformance.
Initial steps to try to preserve the sign and meet the ordinance involved performing limited
work under the "routine maintenance" category. When work on a sign involves routine
maintenance (e.g. replacing burnt -out bulbs or light tubes), the non -conforming status of the sign
is unchanged. The mall tried to fix the sign using that method, but was unsuccessful. Once
options under the existing code were exhausted, there were discussions regarding possible text
amendments that could address the situation.
The best option appears to be modifying the type of work that would be considered
routine maintenance. This proposal would allow a business to repair/replace a reader board with
another one of the same size, color lights, and type, although current light intensity requirements
would need to be met. It would not allow a "jazzed -up" version to replace an older model. In
this case, the amber reader board would be replaced with an amber reader board. The goal is to
allow the repair of the sign without changing its general appearance. This proposal allows for this
type of repair/replacement without impacting rules regarding the non -conforming status of signs.
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 police.
The proposal is consistent with the growth policy. It would encourage redevelopment in
the downtown area by allowing property owners to replace malfunctioning electronic
reader boards with more efficient and aesthetically pleasing components, and removing a
more "run-down" appearance.
2. Does the zoning regulation consider the effect on motorized and nonmotorized
transportation systems?
The proposed amendment would have a minimal effect on transportation systems. Its
primary impact would be positive in that it would remove potential distractions by
encouraging the appropriate repair and maintenance of malfunctioning electronic reader
board signs.
Page 2 of 3
3. Is the zonin,2 regulation designed to secure safety from fire and other dangers?
The proposed amendment would have a minor positive impact in that it would allow for
the repair of malfunctioning electronic components.
4. Is the zoning regulation designed d 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
predictable, orderly, and consistent environment.
5. Does the zoning_ regulation consider the reasonable provision of adequate li2lit and air?
The proposal would have minimal impact on 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 proposal would have minimal impact on those services.
7. Does the zoning regulation consider the character of the district and its peculiar suitability
for particular uses?
The amendment takes into account the commercial character of the areas in which the
proposal would have the most impact. It provides an opportunity for commercial areas to
more appropriately maintain their signage.
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. Providing for additional options for maintenance of signage also serves to conserve
the property's value.
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-
12-2 and recommend to the Kalispell City Council that the proposed amendment be adopted as
provided herein.
Page 3 of 3
Pla TLIai n.g D ep a-t 1rLe11t:
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PETITION FOR ZONING TEXT AMENDMENT
NAME OF APPLICANT: Red Lion Hotels Limited Partnership d/b/a Kalispell Center Mall
MAILING ADDRESS: c/o Goodale & Barbieri Company, 818 W Riverside Ave, Suite 300
CITY/STATE/ZIP: Spokane, WA 99201 PHONE: 509-459-6109
WHAT IS THE PROPOSED ZONING TEXT AMENDMENT?
27.22.040: Permits Required. Unless otherwise provided by this ordinance, all signs shall require
permits and payment of fees as described in Section 27.22.160 of this ordinance.
(1) No permit is required for the routine maintenance of a sign, except as otherwise
specified in this section.
(2) Changing a face or other component of a sign is considered an alteration of the
sign and shall not be considered routine maintenance, except that the replacement
of reader boards of the same size, color lights, and tYpe are considered to be
routine maintenance provided that a permit is obtained. Any reader board
replaced under this provision shall comply with light intensity requirements for
electronic reader boards as provided for in Section 27.22.070.
WHAT IS THE PURPOSE OR INTENT OF THE PROPOSED TEXT AMENDMENT? To provide
for the routine maintenance and replacement of reader boards that will allow for the more efficient use of
HOW WILL THE PROPOSED CHANGE ACCOMPLISH THE INTENT AND PURPOST OF:
A. Promoting the Growth Policy — This Amendment encourages redevelopment in the Downtown
area by allowing property owners to replace old outdated and inefficient reader board signs with new
energy efficient suns helping to make downtown Kalispell more vibrant and enticing to the retail
shopper.
B. Lessening congestion in the streets and providing safe access — The text amendment will not
affect this.
C. Promoting safety from fire, panic, and other dangers — The text amendment will not affect this.
D. Promoting the public interest, health, comfort, convenience, safety, and general welfare — This
text amendment will provide the property owners with the means to replace reader boards thereby
maintaining their signage in a safe and convenient manner while promoting the general welfare of the
community and promoting downtown businesses
E. Preventing the overcrowding of land —The text amendment will not affect this.
F. Avoiding undue concentration of population — The text amendment will not affect this.
G. Facilitating the adequate provision of transportation, water, sewage, schools, parks, and other
facilities — The text amendment will not affect this.
H. Giving reasonable consideration to the character of the district — The text amendment will provide
for continued exposure of the businesses located within the downtown district and will enhance the
Kalispell Center Mall's visibility and the property's viability.
Giving consideration to the peculiar suitability of the property for particular uses — This is an
existing free standing sign located on a properly in the commercial downtown district.
Protecting and conserving the value of buildings — This text will allow for the replacement of an
old reader board sign that can no longer be repaired with a new energy efficient reader board sign, thereby
keeping the anchors and other tenants within the mall identified which benefits the downtown core.
K. Encouraging the most appropriate use of land by assuring orderly growth — The text amendment
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(Applicant Signature) (Date
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OF MC. NT'ANA
IEAD COUNTY
)F PUBLICATION
RICHELLE ROONLY BEING DULY
SWORN, DEPOSES AND SAYS: THAT HE IS THE LEGAL,
CLERK OF THE DAILY TNTEIR LAKE A .DAILY
NEWSPAPER OF GENERAL C:IR.CUI_,ATION, PRINTED AND
PUBLISHED IN THE CITY OF KALISPELL, IN THE
COUNTY OF FLATHEAD, STATE OF MONTANA, AND
THAT NO. 1.9723
LEGAL ADVERT.ISMENT WAS PRINTED AND
PUBLISHED IN THE REGULAR AND ENTIRE ISSUE OF
SAID PAPER. AND IN EACH AND EVERY COPY THE,
ON THE DATES Of Ame 24, 2012.
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Subscribed and sworn to
Before me this June 25, 2012
Dorothy I. GI ross
Notary Public for the State of Montana
Residing in Kalispell
Q°ztARiy 9oN
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DNOOTARE
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State of Montana
Montana
Residing at Kafisp tt
My Commission Expires
September 11, 2013