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2. Ordinance 1374 - City of Kalispell Zoning Text Amendment Request - 1st ReadingFlathead egional Development Office 723 5th Avenue East - Room 414 Kalispell, Montana 59901 Phone: (406) 758-5980 Fax: (406) 758-5781 REPORT T: Kalispell Mayor and City Council FROM: Narda A. Wilson, Senior Planner Chris A. Kukulski, City Manager SUBJECT Zoning Text Amendment - City of Kalispell Special Parking Maintenance District No. 2 MEETING RATE: December 4, 2000 BACKGROUND: This is an amendment proposed by the City of Kalispell to the Kalispell Zoning Ordinance that would amend Off Street Parking Within Special Parking Maintenance District No. 2. This section would be amended as follows: "Property located within Special Parking Maintenance District No. 2 shall provide one parking space for every 400 square feet of gross floor area fer expansien or new nstru, but in no case shall more parking be required « ..et e ����r than is otherwise provided for under Chapter 27.26, Off Street Parking." Any area within the Special Parking Maintenance District No. 2 could potentially be affected by the proposed change. This would include both residential and commercial development in this area of the city. In 1993 an amendment was made to the Kalispell Zoning Ordinance that standardized and generally reduced the parking requirements for the "downtown area." The change was intend to provide infill and density in the downtown area and to provide a more realistic parking requirement in this area. The change was proposed as a result of a study done by Clete Daily in developing a Parking Development plan for the Central Business District which had several recommendations, that if implemented, would help the city meet current and future parking needs in the central business district. Daily refers to a study conducted by the Urban Land Institute that determined an average of 29 percent of the shoppers in the central business district visit more than one establishment thereby reducing the overall demand. This change was made and has been fairly successful, overall. However, there are some inherent problems with the wording of the current language. It does not have any exclusions or exceptions to the one to 400 square foot standard. Specifically, it does not exclude residential uses from this standard or development projects that, under the general parking standards, would not require additional parking or would require less parking. This amendment is intended to clarify the language so the overall goal to encourage infill, redevelopment and density in the downtown area can be accomplished. This particular issue arose when a relatively high density elderly housing project was proposed as part of an overall redevelopment plan for Second Avenue West. Based on the one parking space per 400 square feet, the project would generate a parking requirement far in excess of that which would be required under the general parking standards which is one space per two dwelling units. It was not the intent of the 1993 parking amendment to create this type of discrepancy in the parking standards, and as turned into what might be phases as an "unintended consequence." As the regulations are currently written, an 800 square foot apartment for the elderly would require two off street parking spaces rather than half a space. Providing Community Planning Assistance To: • Flathead County • City of Columbia Falls • City of Kalispell • City of Whitefish Zoning Text Amendment — City of Kalispell November 22, 2000 Page 2 To illustrate this further, if a two story building were constructed with a 2,000 square foot office on the bottom and a residence on the second story, five parking spaces would be required for the office use and five spaces would be required for the residential use. Although the office requirements of one space to 400 square feet are the same in the Special Parking Maintenance District No. 2 as the general standards, the residential use would be required to also have five parking spaces rather than two spaces required under the residential standards. The residential uses exaggerate the impact, but demonstrates the point. Other uses have also been effected with a higher parking ratio that the general standards would require. The current language has the effect in a de facto way of discouraging certain uses that should be encouraged as infill and redevelopment in the downtown area by requiring more parking than would otherwise be required. It is the intent of the proposed amendment to change the parking requirements in Special Parking Maintenance District No. 2 to require a ratio of one space per 400 square feet of gross floor area for all uses, but not to require more parking than would otherwise be required under the zoning. This would apply to all of the properties within the Special Parking Maintenance District No. 2. The parking standards are intended to encourage infill and redevelopment in the core area of Kalispell. A public hearing was held before the Kalispell City County Planning Board on November 14. 2000. The planning board is recommending approval of the text amendment as proposed RECOMMENDATION: A motion to adopt the ordinance at first reading would be in order. FISCAL EFFECTS: None. ALTERNATIVES: As suggested by the city council. f dC�` Narda A. ilson Chris A. Kukulski Senior Planner City Manager Report compiled: November 22, 2000 C: Theresa White, Kalispell City Clerk Attachments: Transmittal letter Attachment A - Proposed Text Amendment FRDO staff report KZTA-00-3 and application materials Draft minutes 11/ 14/00 planning board meeting H:... \TRANSMIT\KALISPEL\2000\KZTA-00-3MEM AN ORDINANCE AMENDING SECTIONS 27.26.040(11) OF THE KALISPELL ZONING ORDINANCE, (ORDINANCE NO. 1175), BY AMENDING -OFF STREET PARKING WITHIN SPECIAL MAINTENANCE DISTRICT NO. 211 TO NOT REQUIRE MORE PARKING THAN WOULD OTHERWISE BE REQUIRED UNDER THE ZONING, AND DECLARING AN EFFECTIVE DATE. WHEREAS, The City of Kalispell, Community Development Department, has submitted a written request to amend Section 27.26.040(11) of the Kalispell Zoning Ordinance, by amending the "Off Street Parking Within Special Maintenance District No. 211, and WHEREAS, the request was forwarded to the Kalispell City -County Planning Board and Zoning Commission by the Flathead Regional Development Office after having been evaluated under 27.14.030, Kalispell Zoning Ordinance, and WHEREAS, the Kalispell City -County Planning Board and Zoning Commission recommended that the text of the Kalispell Zoning Ordinance be amended to reflect the change, and WHEREAS, the City Council has reviewed the FRDO Report and the transmittal from the Kalispell City -County Planning Board and Zoning Commission and hereby adopts the findings made in Report #KZTA-00-3 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. 1175, is hereby amended as follows: Section 27.26.040 Special Provisions (11) Within Special Parking Maintenance District No. 2: Property located within Special Parking Maintenance District No. 2 shall provide one parking space for every 400 square feet of gross floor area for CM ---new ecnttifttetioif., but in no case shall more parking sp dist.wpd 1 for under Chapter 27.26, Off Street Parkincr. SECTION II. All parts and portions of Ordinance No. 1175 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 DAY OF 1 2000. Wm E. Boharski Mayor ATTEST: Theresa White City Clerk parking sp dist.wpd 2 F__11 19 lathead Regional th Roo Development Offici- 723 5Avenue East - m 414 Kalispell, Montana 59901 Phone: (406) 758-5980 Fax: (406) 758-5781 November 22, 2000 Chris Kukulski, City Manager City of Kalispell P.O. Box 1997 Kalispell, MT 59903 Re: Zoning Text Amendment - City of Kalispell The Kalispell City -County Planning Board met in regular session on Tuesday, November 14, 2000 and held a public hearing on a request by City of Kalispell for a zoning text amendment that would change the parking requirements in Special Parking Maintenance District No. 2. Narda Wilson presented a staff report on KZTA-00-3 and stated that staff supported the proposal and recommended approval of the proposed text amendment. During the public hearing no one spoke in favor of or in opposition to the proposal. The board discussed the proposal and adopted staff report #KZTA-00-3 as findings of fact and, based on those findings unanimously voted to forward a recommendation to the Kalispell City Council to approve the amendments to the Kalispell Zoning Ordinance, as shown in Exhibit A. Please schedule this matter for the December 4, 2000 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. cerely 'spell e �/President JJ/NW/dw Providing Community Planning Assistance To: • Flathead County - City of Columbia Falls - City of Kalispell - City of Whitefish • Zoning Text Amendment — City of Kalispell November 14, 2000 Page 2 Attachments: Exhibit A- proposed amendment FRDO Report #KZTA-00-2 /Application Materials Draft planning board minutes of 11 / 14 / 00 c w/Att: Theresa White, Kalispell City Clerk c: Susan Moyer, Director, PECDD, PO Box 1997, Kalispell, MT 59901 H: ... \TRANSMIT\ KALISPEL\ 2000 \ KZTA-00-3 Zoning Text Amendment — City of Kalispell November 14, 2000 Page 2 EXHIBIT A CITY OF KALISPELL PROPOSED TEXT AMENDMENT NOVEMBER 14, 2000 An amendment to the Kalispell Zoning Ordinance proposed by the City of Kalispell that would amend Section 27.26.040(l 1), Off Street Parking Within Special Parking Maintenance District No. 2, as shown on the attached map. This section would be amended as follows: "Property located within Special Parking Maintenance District No. 2 shall provide one parking space for every 400 square feet of gross floor area fGT- r - e n -B1tie --1Gn, but in no case shall more parking be required than is Geig otherwise provided for under Chapter 27.26, Off Street Parking." night. If you needed an MRI you would not be able to get an appointment until mid -December. They had specialists who were pressuring them to get it up and running. The delay was JD ,RJ due to possible options in pursuing the project. He said they decided they wanted to work with the hospital and it took some time to coordinate efforts. He wanted to assure them it was a very nice building. OPPONENTS No one wished to speak and the public hearing was closed. MOTION Heinecke moved and Pierce seconded to adopt staff report KCU-00-9 as findings of fact and, based on those findings, forward a recommendation to the Kalispell City Council that the conditional use permit be granted subject to five conditions. ROLL CALL The motion passed unanimously on a roll call vote. CITY OF KALISPELL An amendment to the Kalispell Zoning Ordinance proposed by ZONING TEXT the City of Kalispell that would change the parkint AMENDMENT requirements in Special Parking Maintenance District No. 2. STAFF REPORT Narda Wilson gave a presentation on staff report KZTA-00-3, stating the City of Kalispell had proposed the amendment as a housekeeping amendment. She said that all the new uses in Special Parking Maintenance District #2 were now required to have one space for every 400 square feet of gross floor area, intended to reduce the parking requirements for the downtown area, and to encourage infffl and density. She said there,was a minor problem with the language because it didn't have any exclusions to the 1/400 parking requirement. She said it came to light when looking at elderly housing. The language being proposed would ultimately require less parking. She said the proposal was intended to encourage infill, density and redevelopment in the downtown area. Staff thought it would provide an incentive to encourage development in the area, thereby, conserving the value of buildings, encouraging the most appropriate use of land in the downtown area and furthering the goals of the master plan. Staff recommended that the proposed amendment be approved. PUBLIC HEARING The public hearing was opened to those who wished to speak to the proposal. PROPONENTS No one wished to speak. OPPONENTS No one wished to speak and the public hearing was closed. MOTION Rice moved and Mann seconded to adopt staff report KZTA-00- 3 as findings of fact and, based on those findings, recommend to the Kalispell City Council that the proposed amendment to the Kalispell Zoning Ordinance be approved. Kalispell City -County Planning Board November 14, 2000 Meeting Minutes Page 6 of 10 & 1111,1121111� I'MTSTOTSTON-VIrok ROLL CALL On a roll call vote the motion passed unanimously. OLD BUSINESS Consideration of appropriate zoning for Glacier Village Greens and adjoining property comprising approximately 110 acres in conjunction with annexation to the city of Kalispell. Brian Sipe stepped down from the board due to a conflict of interest. A quorum remained of the board. Wilson noted this was continued from the October meeting so that property owner George Schulze had a chance to consider and comment on the recommended RA-3 zoning for his property. She gave a brief summary of staff recommendations for zoning for the area. MOTION Stevens moved and Mann seconded that the KCCPP adopt staff report KA-00-7 as findings of fact and forward a recommendation to the Kalispell City Council to adopt the city R-4, Two Family Residential, for the Glacier Village Greens development and RA-3, Residential Apartment Office, for the property at the northwest comer of West Evergreen Drive and Whitefish Stage Road. BOARD DISCUSSION George Schulze, 1377 Whitefish Stage Road, co-owner and developer of said property, said he was confused because the City passed a resolution to annex, but it was not annexed yet, and would not be until November 2001. Wilson confirmed that statement. Schulze presented a zoning proposal, which he thought might meet the criteria of a neighborhood type business with neighborhood type services. He handed out a map of proposed zoning, an additional B-1 zone on approximately four acres that would afford him the opportunity of continuing neighborhood services. He felt current zoning was inadequate and outdated and needed to be rewritten to accommodate the present needs of the community. He said that if you go through the B-1 permitted uses they were very unclear, ambiguous, contradictory, and he recommended the board take some initiative to do some text amendments. As far as the City annexing his property to the city, which was done without his knowledge, he thought it was inappropriate because his property was not served by the sewer district. He said he would be requesting to be brought in to the sewer district in the future and may request annexation to the city, with the subdividing of the rest of the remaining property. There was a discussion about Schulze's proposed zoning, referencing the map he submitted. Schulze handed out an aerial photo of the property and a certificate of survey. He said he didn't know what the City would do, if they would make him Kalispell City -County Planning Board November 14, 2000 Meeting Minutes Page 7 of 10 CITY OF KALISPELL REQUEST FOR ZONING TEXT AMEN A report to the Kalispell City -County Planning Board and the Kalispell City Council regarding a request for an amendment to the Kalispell Zoning Ordinance. A public hearing has been scheduled before the Kalispell City -County Planning Board for November 14, 2000 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 City of Kalispell is proposing an amendment to the Kalispell Zoning Ordinance that addresses parking requirements in Special Parking Maintenance District No. 2, primarily the central business area of Kalispell, that can generally be considered to be a "housekeeping" item. A. Petitioner andOwners: Susan Moyer, Director Community Development City of Kalispell P.O. Box 1997 Kalispell, MT 59903-1997 (406)758-7740 B. Area Effected by the Proposed Changes: Any area within the Special Parking Maintenance District No. 2 could potentially be effected by the proposed change. This would include both residential and commercial development in this area of the city. C. ProposedAmendment: An amendment to the Kalispell Zoning Ordinance proposed by the City of Kalispell that would amend Section 27.26.040(11), Off Street Parking Within Special Parking Maintenance District No. 2, as shown on the attached map. This section would be amended as follows: "Property located within Special Parking Maintenance District No. 2 shall provide one parking space for every 400 square feet of gross floor area , lout in no case shall more parking be required than is otherwise provided for under Chapter 27.2.6, Off Street Parking," D. Staff Discussion: In 1993 an amendment was made to the Kalispell Zoning Ordinance that standardized and generally reduced the parking requirements for the "downtown area." The change was intend to provide infill and density in the downtown area and to provide a more realistic parking requirement in this area. The change was proposed as a result of a study done by Clete Daily in developing a Parking Development plan for the Central Business District which had several recommendations, that if implemented, would help the city meet current and Page 1 of 1 future parking needs in the central business district. Daily refers to a study conducted by the Urban Land Institute that determined an average of 29 percent of the shoppers in the central business district visit more than one establishment thereby reducing the overall demand. This change was made and has been fairly successful, overall. However, there are some inherent problems with the wording of the current language. It does not have any exclusions or exceptions to the one to 400 square foot standard. Specifically, it does not exclude residential uses from this standard or development projects that, under the general parking standards, would not require additional parking or would require less parking. This amendment is intended to clarify the language so the overall goal to encourage infill, redevelopment and density in the downtown area can be accomplished. This particular issue arose when a relatively high density elderly housing project was proposed as part of an overall redevelopment plan for Second Avenue West. Based on the one parking space per 400 square feet, the project would generate a parking requirement far in excess of that which would be required under the general parking standards which is one space per two dwelling units. It was not the intent of the 1993 parking amendment to create this type of discrepancy in the parking standards, and as turned into what might be phases as an "unintended consequence." As the regulations are currently written, an 800 square foot apartment for the elderly would require two off street parking spaces rather than half a space. To illustrate this further, if a two story building were constructed with a 2,000 square foot office on the bottom and a residence on the second story, five parking spaces would be required for the office use and five spaces would be required for the residential use. Although the office requirements of one space to 400 square feet are the same in the Special Parking Maintenance District No. 2 as the general standards, the residential use would be required to also have five parking spaces rather than two spaces required under the residential standards. The residential uses exaggerate the impact, but demonstrates the point. Other uses have also been effected with a higher parking ratio that the general standards would require. The current language has the effect in a de facto way of discouraging certain uses that should be encouraged as infill and redevelopment in the downtown area by requiring more parking than would otherwise be required. It is the intent of the proposed amendment to change the parking requirements in Special Parking Maintenance District No. 2 to require a ratio of one space per 400 square feet of gross floor area for all uses, but not to require more parking than would otherwise be required under the zoning. This would apply to all of the properties within the Special Parking Maintenance District No. 2. The parking standards are intended to encourage infill and redevelopment in the core area of Kalispell. Page 2 of 2. 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. - • -• ,- -• ••- •••• 11 R« The Kalispell City -County Master Plan encourages commercial activity to be directed to existing commercial as either expansion or infill. The use of zoning for the implementation of the master plan goals and objectives is a primary tool. This amendment to the zoning regulations furthers the goals and objectives of the master plan by encouraging infill and development in the core area of Kalispell. The proposed amendments would not generally impact the types of uses allowed in the district. The effect of the amendment to the parking standards should not increase or decrease congestion. Traffic associated with the various uses would not generally be effected. The amendments would not compromise the security and safety of the community and are only intended to provide greater clarity as to their purpose and the ability to better administrate their intent and purpose. R 4 R The general health and welfare of the public will be promoted by providing incentives to develop in the established downtown area, and to provide greater clarity of the intent of the parking provisions for this area. .- • .- -• •.- • • •rarewwfa nem. ranWMRS•« Greater density in development would be encouraged through this amendment. However, light and air are provided through development standards relating to setback requirements for structures and lot coverage. The proposed changes do not compromise the development standards of the district. • . •- -•.- -• ••- • - -•WISMAN1070 •.• •• • R•« • These amendments amendments would only effect the Central Business District of Kalispell where high density is most desired. Based upon an independent assessment of development in the downtown area, it appears that parking is being underutilized. The amendments to the zoning ordinance will encourage Page 3 of 3 the efficient use of land in the downtown where it is at a premium and should not result in the overcrowding of land or the undue concentration of people. Full public services and facilities would be available to the downtown area where these regulations would take effect. The proposed changes would not impact the facilitation of public services and utilities. WI•- •- -• _- -• ••- - •• •- •• • •- •. .• • WIM • •- • •. - This amendment gives adequate consideration to the suitability of these parking standards to the downtown core area which intended to encourage high density developments, infill and the redevelopment of underutilized property. The proposed amendment give reasonable consideration to the character of the downtown area which should have the highest concentration of uses that can be reached through a network of sidewalks and crossings, creating a reduced need for parking and a pedestrian oriented environment. The value of buildings will be preserved by encouraging infill, redevelopment and reinvestment in the downtown area. The most appropriate land use throughout the jurisdiction will be promoted by providing incentives to encourage development in the downtown core area of the community and to provide equity in the administration of the zoning regulations. Staff recommends that the Kalispell City -County Planning Board adopt FRDO staff report #KZTA-00-3 as findings of fact and, based on these findings, recommend to the Kalispell City Council that the proposed amendment to the Kalispell Zoning Ordinance be approved. REPORTS \KALISPELL\KZTA\ KZTA00-3. DOC Page 4 of 4 CO cb ca cn ct I =I City of Kalispell Post Office Box 1997 - Kalispell. Montana 59903-1997 - Telephone (406)758-7700 Fax(406)758-7758 October 18, 2000 Ms. Narda Wilson Senior Planner Flathead Regional Development Office 723 Fifth Avenue East, Room 414 Kalispell, MT 59901 Re: Zone Text Amendment for B-4 Central Business Dear Narda: The City of Kalispell is submitting the enclosed Petition for A Text Amendment to Chapter 27.16 of the Zoning Ordinance. It has long been the goal of the City to accomplish infill and redevelopment within the downtown core area with either commercial/retail or high density housing. Typically high density housing in a downtown area is created for either elderly or special needs residents who have limited parking requirements. The City, Agency on Aging, and Hampstead Partners Inc. are collaborating on a 40-unit elderly low- income rental project on Block 47 of the Kalispell Original Townsite. This project is Phase II of an overall redevelopment plan for assisting affordable short-term and long-term housing needs for the elderly. If successful, Phase II will follow in a couple of years in the form of a "below market" assisted living facility within a three block radius. The assisted living facility will be occupied solely by tenants who are unable to drive and must rely on Eagle Transit or the taxi service for transportation needs. Staff recognizes that the current text of the Zoning Ordinance was intended to level the playing field for businesses and their parking needs. We feel, however, the current text creates a severe hardship on accomplishing the city's goals of special needs and elderly housing in the core area. If you have any questions regarding this request, please do not hesitate to call (758-7743). Thank you. Sincerely, Susan Moyer, Director Community Development cc: P. J. Sorenson, Zoning Administrator Flathead Regional Development Office 723 51h Ave. East Room 414 Kalispell, MT 59901 Phone: (406)758-5980 Fax: (406)758-5781 1. NAME OF APPLI 2. MAIL ADDRESS CANT: ZJ9-2 V f 3. CITY/STATE/ZIP: PHONE: 4. INTEREST IN PROPERTY: 622.4e� 5. ZONING MAP AMENDMENT: ZONING TEXT AMENDMENT: 1416"111:11111 14:0191"1 ilIMA W1401,1111 IWOU WAN, 11T WIN A. What is thq,,f roposed zoning text amendment? 1111'111151E 115 1 1 11rii i 15 � 5U5'151 A. Address of the property: B. Legal Description: (Lot and Block of Subdivision; Tract #) (Section, Township, Range) (Attach sheet for metes and bounds) C. The present zoning of the above property is: D . The proposed zoning of the above property is: E. State the changed or changing conditions that make the proposed amendment necessary: HOW WILL THE PROPOSED CHANGE ACCOMPLISH D PURPOSE OF: A. Promoting the Master B. Lessening congestion in the streets and providing safe access C. Promoting safety from fire, panic and other dangers D. Promoting the public interest, health, comfort, convenience, safety and general welfare E. Preventing the overcrowding of land F. Avoiding undue concentration of population 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 I. Giving consideration to the peculiar suitability of the property for particular uses J. Protecting and conserving the value of buildings 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) ( at 3 ••;I X • lk. A. Pre -Application Meeting: A discussion with the Planning Director or designated member of staff must precede filing of this application. Among topics to be discussed are: Master Plan compatibility with the application, compatibility of proposed zone change with surrounding zoning classifications, and the application procedure. B. Completed application form. C. Application fee per schedule, made payable to the Flathead Regional Development Office. Fee Schedule Zone Change: Base fee $500.00 For first 80 acres of area of the request add $10/acre For next 81 + $5/acre Amendment to Zoning Text PUD Zoning Review: Residential Commercial Mixed Use $400.00 + $10 / acre $600.00 + $10/ acre $650.00 + $10 / acre D. The application must be accepted as complete by the FRDO staff thirty (30) days rp for to the date of the planning board meeting at which it will be heard in order that requirements of state statutes and the zoning regulations may be fulfilled. . ; 11 0 , > • 0 A. Application Contents: 1. Petition for zone change signed by at least 50% of the property owners in the area for which the change in zoning classification is sought. 2. A map. showing the location and boundaries of the property. 3. A list of the names and mail addresses of all property owners within 150 feet of the subject property as shown on the Assessor's roll. Example Assessor's S-T-R Lot/Tract Property Owner No. No. and Mail Address 4. A title report of the subject property. As approved by the CAB on 4/5/00 Effective 6 / 1 / 00 0 Within Special Parking Maintenance District No. 2. Property located within Special Parking Maintenance District No. 2 shall provide one (1) parking space for every four hundred (400) square feet of gross floor area, but in no case shall more parking be required than as otherwise provided for under Chapter 27.26, Off -Street Parking.