1. Ordinance 1720 - Zoning Text Amendment - 2nd ReadingPlanning Department
201 1st Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.kaffspell.com/planning
REPORT TO: Doug Russell, City Manager _
FROM: PJ Sorensen, Kalispell Planning Dept
SUBJECT KZTA12-03 — Government Exemption Zoning Text Amendment
MEETING DATE: January 22, 2013 (Second Reading)
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. The City Council heard.the proposal on first reading at its meeting of
January 7, 2013.
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. At the first reading of the ordinance, the
Council voted 6-1 in favor of the proposal.
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,
PJ Sorensen
Kalispell Planning Dept
Report compiled: January 14, 2013
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 II. 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.
ATTEST:
Theresa White
City Clerk
Tammi Fisher
Mayor
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.
Peliee afid fire stations
(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.
eliee and fire stations
(10) Schools - K-12(private)
- 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 secondar(public)
27.06.030: Uses Which May Be Permitted By Conditional Use Permit.
(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.
Peliee and fife statien-&
(9) Schools - K-12(private)
- post-secondary(private)
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 secondarti (public)
27.09.030: Uses Which May Be Permitted By Conditional Use Permit.
(9) Schools - K-12 rivate
- 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.
(12) Schools - K-12(private)
- post -secondary rivate
- 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)
27.11.030: Uses Which May Be Permitted By Conditional Use Permit.
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r-`�'�cc-ui�cr-rai�ctccrvrr3
(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 secondM (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 secondar,(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 secondary (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 secondary (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 secondary (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.
(11) Pre-release centers and private jail facilities
APPENDIX B
TABLE OF USES ALLOWED BY ZONE
REVISED USE
CATEGORIES
a
a
a
x
r.1
N
�
a
Public, Civic &
Institutional Uses
Assembly
halls/stadiums/convention
hall facilities (includes
publie fair- ds;
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
Jail facilities(public)
P
P
P
P
P
P
P
P
P
P
P
P
P
P
E
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
private 'ail facilities
C
C
C
C
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
rivate
C
C
C
C
C
C
C
C
C
Schools — Post -secondary
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
(public