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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: 201 1,1 Ave-. uL Base alispeu, Prig' 59902 lllion,e- . 140f>) 7:55-7940 t40451 sF,-7739 u�s,�cu.�nlispe�ll. c� �Plgnxeiai� 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 e ® ® ® ® ® ® ® ® e ® e ® ® ® ® ® a ® o ® ® ® ® ® ® ® e n e ® ® ® ® M M ® M ® ® M ® ® 0 M M s ® M ® ® M ® M ® ® ® a ® ® B ® @ ® ® ® ® ® M ® ® 5 ® M (Applicant Signature) (Date r7 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. AND THE; RATE CHARGED FOR THE ABOVE, PRINTING DOES NOT EXCEED TIHE MINIMUNI. GOING RATE CHARGED TO ANY OTHER. ADVERTISER FOR TIHE SAME PUBLICATION, SET IN THE SAME, SIZE TYPE AND PUBLISHED FOR THE SAME NUMBER OF INSERTIONS. 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 * SEAL m sld fe o f M DNOOTARE NCHOSS Y PUBLIC for the State of Montana Montana Residing at Kafisp tt My Commission Expires September 11, 2013