1. Ordinance 1720 - Zoning Text Amendment - 1st ReadingPlanning Department
201 1" Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fag: (406) 758-7739
www.kalispeR.com/planning
REPORT TO: Doug Russell, City Managengi-
FROM: PJ Sorensen, Kalispell Planning Dept
SUBJECT KZTA12-03 — Government Exemption Zoning Text Amendment
MEETING DATE: January 7, 2013
BACKGROUND: The Kalispell City Planning Board met on December 11, 2012, and held a public
hearing to consider a request by the City of Kalispell to amend the Kalispell Zoning Ordinance as it
relates to certain governmental uses in all zones throughout the city. Generally, the amendment
would allow public fairgrounds, public schools, public jail facilities, and police and fire stations to be
permitted uses in all zones.
Under state law, any "agency" can essentially opt -out of any local zoning regulations. An "agency"
is defined by Section 76-2-401(1), M.C.A., as "a board, bureau, commission, department, an
authority, or other entity of state or local government." Under Section 76-2-402, M.C.A.:
Whenever an agency proposes to use public land contrary to local zoning regulations,
a public hearing, as defined below, shall be held.
(1) The local board of adjustments, as provided in this chapter,
shall hold a hearing within 30 days of the date the agency gives
notice to the board of its intent to develop land contrary to local
zoning regulations.
(2) The board shall have no power to deny the proposed use but
shall act only to allow a public forum for comment on the
proposed use.
There are two primary reasons for state law to be set up in this fashion. First, there is a general rule
that lower levels of government cannot regulate higher levels without their consent. The city, for
example, cannot pass a regulation limiting the federal government unless there is a statute adopted by
Congress that allows that to happen. Similarly, the city cannot regulate the state unless the legislature
adopts a statute allowing a city to do so.
Secondly, there is a practical aspect to the rule. Any agency which can use this exemption is subject
more generally to public review. For example, if a school district passes a bond to build a school, the
project will be subject to both a public vote and a public process by the school district which ensures
public involvement in the decision.
Agency exemption has typically arisen when the city zoning ordinance has required a conditional use
permit for a governmental use such as a school or the fairgrounds. In those instances, the agency has
shied away from the conditional use permit primarily because it is a lengthier process than an agency
exemption (60 days versus 30 days) and has more uncertainty attached to it.
The unfortunate side effect of doing an exemption is that none of the zoning regulations apply,
including standard processes such as going through our site development review committee. Site
Review is established under the zoning ordinance, and was created about 20 years ago. Previously, a
project owner had to bounce back and forth between the fire department, public works, building, etc.
to work out the kinks in a project. Site Review brings all of the departments together, gets everyone
on the same page, and does so in a more timely manner than before. By making these uses permitted
uses under the zoning ordinance, we are more likely to keep them within the typical review process,
which helps ensure a better end product for the public.
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.
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 the current conditional use permit
requirement/non-allowed status of certain governmental uses subject to the agency exemption
process.
Respectfully submitted,
f.
PJ Sorensen
Kalispell Planning Dept
Report compiled: December 27, 2012
c: Theresa White, Kalispell City Clerk
ORDINANCE NO.1720
AN ORDINANCE AMENDING THE KALISPELL ZONING ORDINANCE (ORDINANCE
NO. 1677), BY ALLOWING PUBLIC FAIRGROUNDS, PUBLIC SCHOOLS, PUBLIC JAIL
FACILITIES, AND POLICE AND FIRE STATIONS TO BE PERMITTED USES IN ALL
ZONES, AND DECLARING AN EFFECTIVE DATE.
WHEREAS, the City of Kalispell has submitted a written request to amend the Kalispell Zoning
Ordinance, by allowing public fairgrounds, public schools, public jail facilities, and
police and fire stations to be permitted uses in all zones; 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 allowing public fairgrounds,
public schools, public jail facilities, and police and fire stations to be permitted uses
in all zones; 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-12-3 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. 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 22ND DAY OF JANUARY, 2013.
Tammi Fisher
Mayor
Theresa White
City Clerk
EXHIBIT A
CHAPTER 27.04
R-1 RESIDENTIAL
Sections:
27.04.020: Permitted Uses.
(4) Fairgrounds (public)
(6) Jail Facilities (public)
(8) Police and fire stations
(10) Schools — K-12 (public)
— post secondary (public)
27.04.030: Uses Which May Be Permitted By Conditional Use Permit.
(13) Schools - K-12(private)
- post-secondary(private)
CHAPTER 27.05
R-2 RESIDENTIAL
Sections:
27.05.020: Permitted Uses.
(3) Fairgrounds (public)
(5) Jail Facilities (public)
(7) Police and fire stations
(9) Schools — K-12 (public)
— post secondary (public)
27.05.030: Uses Which May Be Permitted By Conditional Use Permit.
fQ% Del; .o and fife s+ t; ...
�7
(10) Schools - K-12 rivate
- post-secondary(private)
CHAPTER 27.06
R-3 RESIDENTIAL
Sections:
27.06.020: Permitted Uses.
(3) Fairgrounds (public)
(5) Jail Facilities (public)
(7) Police and fire stations
(9) Schools — K-12 (public)
— post secondM (public)
27.06.030: Uses Which May Be Permitted By Conditional Use Permit.
141% is o and fi«o s+ +;eas
(9) Schools - K-12 rivate
- post-secondary(private)
CHAPTER 27.07
R-4 RESIDENTIAL
Sections:
27.07.020: Permitted Uses.
(3) Fairgrounds (public)
(5) Jail Facilities (public)
(7) Police and fire stations
(9) Schools — K-12 (public)
— post secondary (public)
27.07.030: Uses Which May Be Permitted By Conditional Use Permit.
(10) Schools - K-12(private)
- post-secondary(private)
CHAPTER 27.08
R-5 RESIDENTIAL / PROFESSIONAL OFFICE
Sections:
27.08.020: Permitted Uses.
(4) Fairgrounds (public)
(7) Jail Facilities (public)
(11) Police and fire stations
(13) Schools — K-12 (public)
— post secondary (public)
27.08.030: Uses Which May Be Permitted By Conditional Use Permit.
eliee and fire stafiens
(9) Schools - K-12(private)
- post -secondary rivate
CHAPTER 27.09
RA-1 RESIDENTIAL APARTMENT
Sections:
27.09.020: Permitted Uses.
4) Fairgrounds (public)
6) Jail Facilities (public)
8) Police and fire stations
10) Schools — K-12 (public
— post secondary (public)
27.09.030: Uses Which May Be Permitted By Conditional Use Permit.
(9) Schools - K-12(private)
- post-secondary(private)
- commercial
CHAPTER 27.10
RA-2 RESIDENTIAL APARTMENT/OFFICE
Sections:
27.10.020: Permitted Uses.
(6) Fairgrounds(public)
(9) Jail Facilities (public)
(13) Police and fire stations
(15) Schools — K-12 (public)
— post secondary (public)
27.10.030: Uses Which May Be Permitted By Conditional Use Permit.
aim 113 fiee a fife stations
r
(12) Schools - K-12(private)
- post-secondary(private)
- commercial
CHAPTER 27.11
H-1 HEALTH CARE
Sections:
27.11.020: Permitted Uses.
(7) Fairgrounds (public)
(10) Jail Facilities (public)
(14) Police and fire stations
(18) Schools — K-12 (public)
— post secondary (public)
27.1.030: Uses Which May Be Permitted By Conditional Use Permit.
Peliee and fif:e stations
(13) Schools - K-12(private)
- post-secondary(private)
- commercial
CHAPTER 27.12
B-1 NEIGHBORHOOD BUSINESS
Sections:
27.12.020: Permitted Uses.
(8) Fairgrounds (public)
(11) Jail Facilities (public)
(25) Schools — K-12 (public)
— post secondary (public)
-commercial
CHAPTER 27.13
B-2 GENERAL BUSINESS
Sections:
27.13.020: Permitted Uses.
19) Fairgrounds (public)
26) Jail Facilities (public)
48) Schools — K-12 (public
— post secondM (public)
-commercial
CHAPTER 27.14
B-4 CENTRAL BUSINESS
Sections:
27.14.020: Permitted Uses.
14) Fairgrounds (public)
19) Jail Facilities (public)
36) Schools — K-12 (public
— post secondar(public)
-commercial
CHAPTER 27.15
B-5 INDUSTRIAL -BUSINESS
Sections:
27.15.020: Permitted Uses.
(20) Fairgrounds (public)
(32) Jail Facilities (public)
(57) Schools — K-12 (public)
— post secondary (public)
-commercial
27.15.030: Uses Which May Be Permitted By Conditional Use Permit.
(9) Pre-release centers and private jail facilities
CHAPTER 27.16
I-1 LIGHT INDUSTRIAL
Sections:
27.16.020: Permitted Uses.
(15) Fairgrounds (public)
(26) Jail Facilities (public)
(49) Schools — K-12 (public)
— post secondaa (public)
-commercial
27.16.030: Uses Which May Be Permitted By Conditional Use Permit.
(10) Pre-release centers and private jail facilities
CHAPTER 27.17
I-2 HEAVY INDUSTRIAL
Sections:
27.17.020: Permitted Uses.
(16) Fairgrounds (public)
(26) Jail Facilities (public)
(44) Schools — K-12 (public)
— post secondM (public)
-commercial
27.17.030: Uses Which May Be Permitted By Conditional Use Permit.
(12) Pre-release centers and private jail facilities
CHAPTER 27.18
P-1 PUBLIC
Sections:
27.18.020: Permitted Uses.
5) Fairgrounds (public)
7) Jail Facilities (public)
14) Schools — K-12 (public
— post secondary (public)
-commercial
27.18.030: Uses Which May Be Permitted By Conditional Use Permit.
ail F-wilifies
(11) Pre-release centers and private jail facilities
APPENDIX B
TABLE OF USES ALLOWED BY ZONE
REVISED USE
1-
a
N
a
M
a
et
a
M
a
^i
N
N
0.4
ti
a
CATEGORIES
x
ca
as
as
as
Public, Civic &
Institutional Uses
Assembly
halls/stadiums/convention
hall facilities (includes
1u�
C
C
C
C
C
C
auditoriums and
racetracks)
Fairgrounds(public)
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
G
Jail facilities (public)
C_ P
C_ P
P
P
P
P
P
P
P
Police and fire stations
P
P
P
P
P
P
Pre-release centers and
C
C
C
C
private 'ail facilities
Schools — K-12 rivate
C
C
C
C
C
C
C
C
C
Schools - K-12(public)
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
Schools — post -secondary
C
C
C
C
C
C
C
C
C
rivate
Schools — post -secondary
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
ublic
—
—
—
—
—
—
—
—
—
—
—
—
—
—
—
CITY OF KALISPELL — ZONING REGULATIONS
KALISPELL PLANNING DEPARTMENT
STAFF REPORT #KZTA-12-3
DECEMBER 11, 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 related to certain governmental
uses in all zones throughout the city. Generally, the amendment would allow public fairgrounds,
public schools, public jail facilities, and police and fire stations to be permitted uses in all zones.
A public hearing has been scheduled before the planning board for December 11, 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.
BACKGROUND INFORMATION
A. Petitioner: City of Kalispell
201 First Avenue East
Kalispell, MT 59901
(406)757-7940
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 Amendment:
See Exhibit "A," attached hereto and hereby incorporated by reference.
D. Staff Discussion:
Under state law, any "agency" can essentially opt -out of any local zoning regulations. An
"agency" is defined by Section 76-2-401(1), M.C.A., as "aboard, bureau, commission,
department, an authority, or other entity of state or local government." Under Section 76-2-402,
M.C.A.:
Whenever an agency proposes to use public land contrary to local zoning
regulations, a public hearing, as defined below, shall be held.
(1) The local board of adjustments, as provided in this chapter,
shall hold a hearing within 30 days of the date the agency
gives notice to the board of its intent to develop land
contrary to local zoning regulations.
(2) The board shall have no power to deny the proposed use
but shall act only to allow a public forum for comment on
the proposed use.
There are two primary reasons for state law to be set up in this fashion. First, there is a general
rule that lower levels of government cannot regulate higher levels without their consent. The city,
Page 1 of 3
for example, cannot pass a regulation limiting the federal government unless there is a statute
adopted by Congress that allows that to happen. Similarly, the city cannot regulate the state
unless the legislature adopts a statute allowing a city to do so.
Secondly, there is a practical aspect to the rule. Any agency which can use this exemption is
subject more generally to public review. For example, if a school district passes a bond to build a
school, the project will be subject to both a public vote and a public process by the school district
which ensures public involvement in the decision.
Agency exemption has typically arisen when the city zoning ordinance has required a conditional
use permit for a governmental use such as a school or the fairgrounds. In those instances, the
agency has shied away from the conditional use permit primarily because it is a lengthier process
than an agency exemption (60 days versus 30 days) and has more uncertainty attached to it.
The unfortunate side effect of doing an exemption is that none of the zoning regulations apply,
including standard processes such as going through our site development review committee. It is
established under the zoning ordinance, and was created about 20 years ago. Previously, a
project owner had to bounce back and forth between the fire department, public works, building,
etc. to work out the kinks in a project. Site review brings all of the departments together, gets
everyone on the same page, and does so in a more timely manner than before.
By making these uses permitted uses under the zoning ordinance, we are more likely to keep them
within the typical review process, which helps ensure a better end product for the public.
EVALUATION BASED ON STATUTORY CRITERIA
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 polio
The proposal is consistent with the goals of the growth policy, including an effort to
coordinate provision of public facilities and services. One of the problems with the current
process of agency exemption is that projects are excluded from important review steps
provided for under the zoning ordinance. By making these governmental uses permitted
under the zoning ordinance in areas where they can legally locate by agency exemption in
any case, a project will go through normal review procedures which have been put in place
to provide for more effective coordination during the city review process.
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.
3. Is the zoning 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 a
more cohesive review process when building permits are submitted for the relevant uses
Page 2 of 3
by allowing site review and architectural review to be included in the overall review of the
project.
4. Is the zoning regulation designed to promote public health, public safety, and the general
welfare?
As with safety from fire and other dangers, the general health, safety, and welfare of the
public will be promoted by creating a more cohesive review process.
5. Does the zoning regulation consider the reasonable provision of adequate light 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 a positive impact on those services through the review process
indicated above.
7. Does the zoning regulation consider the character of the district and its peculiar suitability
for particular uses?
The amendment takes into account the impact of agency exemption available under state
statute for any agency of the state. It serves to help ensure that governmental uses are
developed appropriately in a given location.
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 the city.
9. Does the zoning regulation encourage the most appropriate use of land throughout the
municipality?
The amendment helps ensure that governmental uses are developed appropriately in a
given location.
RECOMMENDATION
Staff recommends that the Kalispell City Planning Board adopt the findings in staff report KZTA-
12-3 and recommend to the Kalispell City Council that the proposed amendment be adopted as
provided herein.
Page 3 of 3