04. Ordinance 1326 - Text Amendment - Minimum Parking Standards - 1st ReadingREPORT TO: Honorable Mayor and City Council
FROM: PJ Sorensen, Zoning Administrator
Chris Kukulski, City Manager
SUBJECT: Ordinance 1326 [Parking requirements for (a) Medical and Dental Offices
and; (b) Drive -through and Fast Food Restaurants]
MEETING DATE: July 6, 1999
BACKGROUND: This proposed ordinance is part of the "housekeeping" packet of
amendments initiated by the city and supplemented by FRDO. The ordinance essentially has two
parts. The first eliminates the present distinction between medical and dental offices in the H-1
zone and those in other zones for purposes of parking. The proposal reduces the required number
of spaces outside the H-1 zone by amending the parking ratio from one space per 150 gross
square feet of floor area to one space per 200 square feet. The amendment is appropriate in that
there is no substantial purpose for the differentiation and that one space per 200 square feet is
generally sufficient regardless of the zone.
The second part of the ordinance combines drive-in restaurants and fast food restaurants
into one parking use category. The resulting minimum parking requirement would be a hybrid,
taking portions of each category's requirements. The end result is a slight increase in the number
of spaces required for a drive-in restaurant by adding one spot per employee on the largest shift
(although it eliminates the required ten space minimum) and a decrease in required parking spaces
Post Office Box 1997 • Kalispell, Montana 59903-1997
Telephone (406) 758-7700 • FAX (406) 758-7758
for fast food restaurants.
The decreased requirements for fast food restaurants can be illustrated by looking at an
example of a 1000 square foot restaurant with 5 employees and one drive -through window.
Under the present ordinance, 28 spaces would be required (20 for floor area, 5 per employee, and
3 for the drive -through window). Under the proposed change, 18 spaces would be required (13
for floor area and 5 for employees).
Combining the uses makes sense since they are essentially the same. Whether the change
in minimum parking requirements generates sufficient parking has not been separately analyzed by
city staff, but would have been reviewed by FRDO when it initiated the amendment and via its
recommendation process.
RECOMMENDATION:
FISCAL EFFECTS:
ALTERNATIVES
Respectfully submitted,
PJ Sorensen
Zoning Administrator
Ordinance 1326 should be approved.
None
As suggested by the Council.
Chris A. Kukulski
City Manager
Report compiled July 2, 1999
ORDINANCE NO. 1326
AN ORDINANCE AMENDING SECTION 7.26.050 OF THE KALISPELL ZONING
ORDINANCE, (ORDINANCE NO. 117 ), BY NDING THE "PARKING MINIMUM
STANDARDS BY USE" OF O - TREET PARKING, MEDICAL AND DENTAL
OFFICES, COMBINING DRIVE I RESTAURANTS AND FAST FOOD RESTAURANTS
INTO ONE CATEGORY, AND D ING AN EFFECTIVE DATE.
WHEREAS, City of Kalispell has submitted a written request to
amend Section 27.26.050 of the Kalispell Zoning Ordinance, by
amending the parking requirements of medical and dental offices and
by combining drive-in and fast food restaurants into one category,
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, FRDO evaluated the requested text amendments and
recommended, per Report #KZTA-99-6, that the parking requirements
of medical and dental offices be amended, and drive-in and fast
food restaurants be combined, and
WHEREAS, the Kalispell City -County Planning Board and Zoning
Commission recommended that the text of the Kalispell Zoning
Ordinance, parking requirements of medical and dental offices be
amended, and drive-1� and fast food restaurants be combined, 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-99-6 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 27.26.050. Minimum Standards by Use
(16) Drive -Through and Fast Food Restaurants: One space
per 100 feet of gross floor area plus one space per
employee on the largest shift and a minimum of four
stacking spaces.
parking zones.wpd 1
(30) Medical and Dental Offices: 1per e,aeh 150 gfess
sq,aa-r-e feet of €.leer —area, unless leeated within
the H--1 zene, -.:tee-re—One space per each 200 grross
square feet of floor area is requi =d . (Amended
Ordinance No. 1208)
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 JULY, 1999.
Wm E. Boharski
Mayor
ATTEST:
Theresa White
City Clerk
parking zones.wpd 2
CITY OF KALISPELL
REQUEST FOR ZONING TEXT AMENDMENTS
FLATHEAD REGIONAL DEVELOPMENT OFFICE
STAFF REPORT #KZTA-99-6
JUNE 1, 1999
A report to the Kalispell City -County Planning Board and the Kalispell City Council
regarding a request for amendments to the Kalispell Zoning Ordinance. A public
hearing has been scheduled before the Kalispell City -County Planning Board for
June 8, 1999 beginning at 6:00 PM in &,,e KaLspell City Council Chambers. The
Planning Board will forward a recommendation to the Kalispell City Council for final
action.
The City of Kalispell is proposing various amendments to the Kalispell Zoning
Ordinance that can generally be considered to be "housekeeping" items in order to
reconcile perceived problems that consistently arise.
A. Petitioner and Owners: Chris Kukulsla, City Manager
City of Kalispell
P.O. Box 1991
Kalispell, MT 59901
(406)758-7701
B. Area Effected by the ]Proposed Changes: Any area within the Kalispell
zoning jurisdiction which would allow the various uses being discussed or
considered could potentially be effected by the proposed change. This would
include some residential :and commercial zoning districts in the city.
C. ]Proposed Amendments: Several specific amendments have been proposed
by the applicants and several from the staff of the Flathead Regional
Development Office. It is the intent of the proposal to address conflicts and
problems that have arisen in the past, which would not warrant significant
discussion and would help to clean-up certain perceived problems within the
current regulations. The proposed amendments are as follows:
1. Section 27.22.020(3)(f),
bvii1ding in Accessory buildings shall not exceed a height
of 18 feet nor the maximum height for a principal building in other
Zones. Accessory- buildings in R zones shall be limited to single story
construction.
2. Section 27.14.020, Permitted uses in the B-2, General Business,
district. Banks, saving and loan, finance companies.
3. Section 27.37.010(44) Definitions, Casino, An establishment whese
Page 1 of 13
.
M-2
z -
-
• Change to: An establishment which offers legal gambling, as either a
primary use or as an accessory use to a tavern or bar.
4. Change casino from a conditionally permitted use in the B-2, General
Business District, and BA Central Business District, to a permitted
use and couple with bars, taverns, cocktail lounges, clubs. In the B-3,
Community Business District, and B-5, Commercial j Industrial
District, add casinos as a permitted use in the same categories as bars,
taverns, cocktail lounges; clubs. All of these uses would be listed in
the same category and would read bars, taverns, cocktail lounges,
clubs and casinos.
S. Section 27.22.080(l): Fences, Walls and Hedges, Add, A single
arc qv y as a pedestrian entrap: a and 1&ine no more thin nine
feet tall, five feet wide d four felt dam, may be attached to a fence in
the required setback area.
b. Add a new section under Supplementary Regulations: Side Corner
Setbacks for Non-Confornikig. Lots: On corner lots which are non-
confarming, becau§e of width,side corner setbacks shall be reduced to
ten feet.
?. Add a new section under Supplementary Regulations: Special Etients:
Special events gj, h ws, boat shows. RV shows, carnivals,
cancerts and similar outdoor activities may be per_nutted in the "B." "I"
and "P" zones provided they dg ngl eAceed, §,even days in the three
Month period.
Page 2 of 13
S. Rearrange Chapter 27.22, Supplementary Regulations, so that the
various categories are in alphabetical order.
9. Create a separate section under Chapter 27.22, Supplementary
Regulations, for Home Occupations rather than placing them under
Accessory Uses.
10. List Home Occupations as a permitted use in all the R zones.
11. Amend Section 27.37.010(179), Definitions, Professional Office, insert
This would also include, but not belimitgd to, t1e companies. travel
Mencies, insurance compan-es, rgal estate offices, and other persons
providing services utilizing training and knowledge of the mental
discipline as distinguished from training in occupations requiring
mechanical skill or manual dexterity or the handling of commodities,
12. Delete Subsections 27.37.010(212)(a through o), Definition, Sexually
Oriented Business.
13. Amend Section. 27.26.050, (30), Off -Street Parking, Medical and Dental
Offices.
one space per each; 200 feet of floor
are cii� 1.
14. Amend Section 27.26.050, (161 and (17), Drive -In Restaurants and Fast
Food Restaurants, Combine these uses and call them Drive -Through
and Past Food Restaurants with the parking requirements stated as
One space per 80 feet of grass floor area plus one space ,per�lovee
on the lamest shift.
15. Rove Section 2 7.34.030(8) to a new Section 27.34.040 and renumber,
call it Administrative Conditional Use Permits "In certain instances, the
city council may elect to place certain required Conditional Use Permits
into an administrative review category, for example those that may be
required for minor amendment to an already approved Conditional Use
Permit, whereby the Zoning Administrator may issue such an
Administrative Conditional Use Permit in compliance with guidelines set
by the city council. This provision shall not be construed so as to give
the power to grant or deny the Conditional Use Permit to other than the
city council and shall apply only to specific categories or instances
predetermined by the city counc:il. The zoning administrator ma. issue
gnn administrative conditional use permit for any conditionallypermittgd
use where an already approved permit has 11gen granted and the change
or )-does not exceed more than 25 percent of the overall square
footage of the buildinst or use. Any such administrative conditional use
permit must substAa 311v,confozm sith all conditions included in the
already approved conditional use permit.
Page 3 of 13
Staff Discussion:
1Section 27.22.020(3)(f), Aeeeesefy--'-== =a= �L,�n -=•-__ .a ^ �.. ow.
Wilding in- Accessory buildings shall not exceed a height
of 18 feet nor the maximum height for a o:incival building in other
zones AccessorZ buildings in R zones shall be limited to single story
construction.
This amendment is being proposed by the staff in response to a number of
problems that have occurred because of height restrictions on garages which
do not match the pitch of the existing roof on many of the older homes. This
will enable property owners to have some latitude in designing an accessory
structure which is architecturally compatible with the main house.
2. Section 27.14.020, Permitted Uses in the B-2, General Business,
district. Banks, sayings and loan finance companies.
This omission is obviously an oversight as it would be appropriate to
anticipate these uses in the general business district.
3. Section 27.37.010(44) Definitions, Casino,
G3'wa.tn4�
yQia
a , '®z
fia6ht4es,
In -all
will be
and Wn-r--M
b) MA—Fe-4thheaft—ene _.i table ins
., the
y-emi
.n _
� 4� .R li)i •�[..�I.l•=.1�1!Tl=fll�lt=l
Iwo
+ Change to: An establishment which offers legal gambling as either a
nrimary use or as an accessory use to a tavern or bar.
This definition is so convoluted that it has allowed casinos to be located in
areas where they are not technically permitted, i.e. the Best Bet on the north
side of Idaho. It says "gaming, poker, gambling" but does not say casino so it
goes in. A casino, is a casino is a casino, if it has gambling.
Page 4 of 13
4. Change casino from a conditionally permitted use in the 5-2, General
Business District, and B-4, Central Business District; to a permitted
use and couple with bars, taverns, cocktail lounges, clubs. In the B-3,
Community Business District, and B-S, Commercial / Industrial
District, add casinos as a permitted use in the same categories as bars,
taverns, cocktail lounges,_ clubs. All of these uses would be listed in
the same category and would read bars, taverns, cocktail lounges,
clubs and casinos.
Casinos are listed as a use sepa-rate from bars and taverns, however, all bars
and taverns have a gaming license and one is not generally found without the
other. Bars and casinos should be handled in the same manner, either as a
permitted use or as a conditionally permitted use. None have ever been
denied.
S. Section 27.22.080(1): Fences, Walls and Hedges, Add, Asingle
archway serving as a pedestrian entrance and being no more than nine
feet tall five feet wide and four feet deep, may be attached to a fence in
;� fired setback area.
These structures are popular and attractive and technically do not comply
with zoning. This would allow walkway structures in the setback area and
make the existing ones legal.
6. Add a new section under Supplementary Regulations: Side Corner,
Setbacks for Non-Conforraing`Lots: On corner lots which are non-
conforming because of width, side corner setbacks shall be reduce to
ten feet.
There are problems with the narrow lots in the- residential areas meeting the
side comer setback requirements and this would address the non -conforming
lots without the property owner having to go through the variance process.
7. Add a new section under Supplementary Regulations: Special Events:
Steel events such as car shows, boat shows, RV shows, carnivals
concerts and similar outdoor acti%itjes maybe pgjMjtted in the 'B.' "I"
and "P' zones Rrovidcd they do not exceed seven days in thg three
month period.
Many of these events already occur and are technically a violation of the
zoning regulations. -This provision would bring these events into
conformance with the zoning.
8. Rearrange Chapter 27.22, Supplementary Regulations, so that the
various categories are in alphabetical order.
Currently, the Supplemental Regulations section of the zoning ordinance are
listed in a hodgepodge order and specific regulations are difficult to find. It
Page 5 of 13
only makes sense to alphabetize them.
4. Create a separate section under Chapter 27.22, Supplementary
Regulations, for Home Occupations rather than placing them under
Accessory Uses. Modify the performance standards to be more specific
and to bring them into compliance with the zoning regulations.
Horne occupations are mowed in the R-1, R-2, R-3, R-4 and R-5 zones
provided that the hone occupation is clearly incidental and secondm to
the use of the property as a residence and provided
the following
standards are met:
(i). Any commodity sold upon the premises must
be produced on the prcu> ses
This is not intended to
preclude the occasional home party sales associated with such
products as Tupperware, Amway, and Avon. Home occupations
would not include any type of auto, boat or RV repair,
maintenance or painting: any type of food preparation for on -site
consumption. or retail ,sales which include items not Rroduc
on -site, or any other use which creates traffic uncharacteristic of
a residential area or reouires outdoor storan of m , ' s. This
Mould _include but not be lin iced to music leasons� educational
tutoriniz, _consulting services, personal services and uhotoaravhv
studios.
(ii). Any disturbance such as noise, vibration, smoke, dust, odor, heat
or glare beyond the confines of the dwelling unit or accessory
building would not be in excess of that which would normally be
anticipated in a residential area.
(iii). There shall be no Any exterior display fl£ exterior storage of
materials, , house calls after
4:00 p.m. or before 8:00 a.m. or other indication from the exterior
that the dwelling unit or accessory building is being used in part
for any use other than that of a dwelling or accessory building for
purely residential purposes.
(iv). There shall be no Employees other than those residing on the
premises.
(v). There shall be no Pedestrian or vehicular traffic in excess of that
which is characteristic of the neighborhood in which it is located
which shall not exceed more than one at a time or eight all day.
(ti) Any need for parking mus# bG met on -site.
Page 6 of 13
Home occupations standards need to be clarified and addressed as a separate
item under the Supplementary Regulations because they get lost and the
issue becomes confusing without clear direction.
10. List Home Occupations as a permitted use in all the R-1, R-2, R-3, R-4
and R-5 zones with a note see the Supplementary Regulations section.
This does not allow a use that is not already permitted, it just makes it easier
to find.
11. Amend Section 27.37.010(179), Definitions, Professional Office, insert
Jbis would also include, but not be limited to, title companies, travel
cncigg. insurance comoanies real estate offices, and other persons
providing services utilizing training and knowledge of the mental
discipline as distinguished from training in occupations requiring
mechanical sldll or manual dexterity or the handling of commodities.
This provides greater clarity to what a professional office use would include
and greater flexibility for the zoning administrator in determining what is
appropriately considered a professional office.
12. Delete Subsections 27.3-7.010(212)(a through o), Definition, Sexually
Oriented Business.
Most of this section is extraneous and without value. It takes up space in the
regulations with an issue that is not an issue in the city.
13. Amend Section 27.26.050, (30). Off -Street Parking, 'Medical and Dental
Offices.
one space per each 200 feet of floor
area -fed.
This makes the parking standards for medical and dental office consistent
throughout the jurisdiction. One space per 150 square feet has proven
excessive.
14. Amend Section 27.26.050, (16) and (17), Drive -In Restaurants and Fast
Food Restaurants, Combine these uses and call them Drive -Through
and Fast Food Restaurants wit,e parking requirements stated as
One space per 80 feet of gross flg2r area plus one space per employee
on the largest shift.
These uses arc generally one in the same. There are no drive-in"
restaurants, only 'drive -through' restaurants.
16. Move Section 2 7.34.030(8) to a new Section 2".34.040 and renumber,
call it Administrative Conditional Use Permits "In certain instances, the
city council may elect to place certain required Conditional Use Permits
into an administrative rel iew category, for example those that may be
Page 7 of 13
required for minor amendment to an already approved Conditional Use
Permit, whereby the Zoning Administrator may issue such an
Administrative Conditional lice Permit in compliance with guidelines set
by the city council. This provision shall not be construed so as to give
the power to grant or deny the Conditional Use Permit to other than the
city council and shall apply only to specific categories or instances
predetermined by the city council. The zoning administrator mgy issue
an administrative conditional use permit for any conditxana>ly Rgrznittcd
use where an already approved permit has been granted and the changg
or expansion does ;lot exceed more than 25 percent of the overall square
i'ootg a of the building or use. Any such administrative conditional use
permit must substantially conform with all conditions included in the
already Mroved conditional use permit.
The current requirement for minor additions to go through the full
conditional use permit process has been onerous for the property owner and
without clear benefit to the public. This proposal would streamline the
process and save the public and staff time.
(BASED ON STATUTORY CRITERIA
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.
1. Does the requested zone comply with the Master Plan?
The Kalispell City -County Master Plan encourages the use of zoning as a tool
for the implementation of the master plan goals and objectives. These
amendments refine the zoning regulations to further the administrative and
practical aspects of zoning.
2. is thg Ieauested zone desired to lessen congestion in the streets?
The proposed amendments would not generally impact the types of uses
allowed in a district and would therefore have no impact to increase or lessen
congestion. Traffic associated with the various districts in which these
amendments are proposed would not generaLy be effected.
3. Will the requested zone secure safety from fire, panic, and other dangers?
These amendments -would not compromise the security and safety of the
community and &-e only intended to provided greater clarity as to their
purpose and the ability to better administrate their intent and purpose.
Page $ of 13
4.
5.
C:
7.
8.
a
10.
The general health and welfare of the public will be promoted by providing
greater clarity without compromising the general health and welfare of the
community.
Will the requested zone provide for adequate light and air?
Adequate light and air are provided through development standards relating
to the density in the district, setback requirements for structures, and lot
coverage. The proposed changes do not compromise the development
standards of the district.
Will the requested zone prevent the overcrowding of land or undiM
concentratiM of people?
Development standards in the district will prevent the overcrowding of land
through standards such as lot coverage, parking and landscaping --
requirements. The overall density of the area and development standards
would not be altered by the proposed changes.
Will the requested zone facilitate the adequate provision of transportation
water, sewerage, schools ,parks and other pul?ic requirements?
Public services and facilities would generally be anticipated to be available to
area within the city where these changes might take effect. The proposed
changes would not impact the facilitation of public services and utilities.
goes the requested zone give consideration to the particular suitability of the
R[QPPM for Rarticul@L uses? -_
With adequate performance standards applied and development standards
adhered to, the proposed amendments do not change the uses allowed within
a district and give adequate consideration to the suitability of properties for
particular uses within the zoning districts.
Does the requested one give reasonable consideration to the character of the
strict?
The proposed amendments give reasonable consideration to the character of
the districts in which the changes are being proposed and do not alter the
intent or character of the districts.
Will the proposed zone conserve the value of buildings?
The value of buildings will be preserved and none of the proposed changes
would deviate from the intent and purpose of the various zoning districts in
which the changes are proposed.
Page 9 of 13
11. Will the requested zone encourage the most appropriate use of the land
throughout the jurisdiction?
The most appropriate land use throughout the jurisdiction will be promoted
by providing regulations that are easier to understand, easier to administer
and better address certain issues facing the community.
RSCO NDATIQN
Staff recommends that the Kalispell City -County Planning Board adopt FRDO staff
report #KZTA-99-5 as findings of fact and, based on these findings, recommend to
the Kalispell City Council that the fo1lowing amend. -rents be made to the Kalispell
Zoning Ordinance:
(Special note, Staff is recommending that bars, taverns, cocktail lounges, clubs and
casinos all be placed in a conditional use permit category on item #4 below)
1. Section 27.22.020(3)(4, Rom.R a emeeed a height
a ,Accessory, buildings rhall not exceed a height
of 18 feet nor the maximum height for a nrincival building in other
zones. Accessory build ny_s_ n R zones shall be limited to single story
construction
Z. Section 27.14.020, Permitted Uses in the B-2, General Business,
district. Banks, savimg and loan. finance companies.
3. Section 27.37.010(44) Definitions, Casino,
,
a) « » name.Or- by
b}
c} ; OF
d)
.re hen the
-s live eard games, less than six g-Enbling metehine
and the gambling-deviees
the
Page 10 of 13
• Change to: An establishment which offers legal ambling as either a
gorimpLa use or as an accessory use to a tavern or bar.
4. Change casinos to a conditionally permitted use in the B-2, General
Business District, and B-4, Central Business District, to a permitted
use and couple with bars, taverns, cocktail lounges, clubs. In the 3-3,
Community Business District, and B-5, Commercial / Industrial
District, add cas nos as a conditionally permitted use in the same
categories as bars, taverns, cocktail lounges, clubs. All of these uses
would be listed in the same category and would read bars, taverns,
cocktail lounges, clubs and casinos.
5. Section 27.22.080(1): Fences, Walls and Hedges, Add, A sin e
archway serving as a ep destrian entrance and bcin no more than nine
feet tall, five feet wide and four feet deep, maybe attached to a fence in,
The required setback area.
6. Add a new section under Supplementary Regulations: Side Corner
Setbacks for Nan -Conforming Tots.- On corner lots which are non-
conforming because of width, side cornier sctbagis stall be reduce to
Pm k9t.
?. Add a new section under Supplementary Regulations: Special Events:
Special events such as car shows. boat shows. RV shows, carnivals,
concerts and similar outdoor activities may be permitted in the "B,I "I"
and "F zones provided thev do not exceed seven days in the three
month period.
S. Rearrange Chapter 27.22, Supplementary Regulations, so that the
various categories are in alphabetical order.
9. Create a separate section under Chapter 27.22, Supplementary
Regulations, for Home Occupations rather than placing them under
Accessory Uses. Modify the performance standards to be more specific
and to bring them into compliance with the zoning regulations.
Home occupations are aEowed in the R-1, R-2, R-3, R-4 and R-5 zones
provided that the home occupation is clearly incidental and secondary to
the use of the property as a residence and grovi ed
shell .tt a in whAeh the is t oei Me th ith the following
standards are met:
(i). Any commodity sold upon the premises a tpt-#-wl�ieh must
hg produced on the Rer miaes
premises. This is not intended to
preclude the occasional home party sales associated with such
products as Tupperware, Amway, and Avon. Rohe occupan tions
would not include any tie of aato, boat or RV repair,
maintenance or painting: any type of food preparation for on -site
Page 11 of 13
con 00n, or retW; o Wh(,chinclIlde items not oroduced
gnsitc. or any other uac which crwea trgmc uncharacteristic of
a residential area or rewires outdoor story&e of materials. This
would include but not be limited to music lessons. educational
tutorinz. consulting sezv cea,_nerso ial se ices and Photography
studios.
(ii). Any disturbance such as noise, vibration, smoke, dust, odor, heat
or glare beyond the confines of the dwelling unit or accessory
building would not be in cace9s of that which would normalW be
anticipated in a residential area.
(iii). ngre shall be no Any exterior display mr exterior storage of
materials, , house calls after
9:00 p.m. or before 8:00 a.m. or other indication from the exterior
that the dwelling unit or accessory building is being used in part
for any use other than that of a dwelling or accessory building for
purely residential purposes.
(iv). There shall be no Employees other than those residing on the
premises.
(v). There shall be no Pedestrian or vehicular traffic in excess of that
which is characteristic of the neighborhood in which it is located
which shall not exceed more than one at a time or a»ght a &Y.
(vi) Any need for,parldn must be met on -site.
10. List Home Occupations as a permitted use in all the R• 1, R-2, R-3, R-4
and R-5 zones with a note see the Suppl-cmentary Regulations section.
11. Amend Section 27.37.010(179), Definitions, Professional Office, insert
This would also include. but not be limited to, title eomt)anies, travel
alter,, insurance companies, real estate offices, and other persons
providing services utilizing training and knowledge of the mental
discipline as distinguished from training in occupations requiring
mechanical skill or manual dexterity or the handling ofcommodities.
12. Delete Subsections 27.37.010(212)(a through o), Definition, Sexually
Oriented Business.
13. Amend Section 27.26.050, (30), Off -Street Parking, Medical and Dental
Offices. One speee peT-ea--t 55(1 &*ass nr.uue feet e f e _ Ften unless
laeated ' 4thi"' the v ' zone, .. heFe one space per each 200 feet of floor
areas.
14, Amend Section 27.26.050, (16) and (11), Drive -In Restaurants and Fast
Food Restaurants, Combine these uses and call them Drivg-Through
and Fast Food Restaurants with the parking requirements stated as
Page 12 of 13
One space Qex 80 feet of sross floor area talus one spaceger employee
on the lamest shift.
15. Move Section 27.34.030(8) to a new Section 27.34.040 and renumber,
call it Administrative Conditional Use permits In certain instances, the
city council may elect to place certain required Conditional Use Permits
into an administrative revie-,xr category, for example those that may be
required for minor amendment to an already approved Conditional Use
Permit, whereby the Zoning Administrator may issue such an
Administrative Conditional Use Permit in compliance with guidelines set
by the city council. This provision shall not be construed so as to give
the power to grant or deny the Conditional Use Permit to other than the
city council and shall apple only to specific categories or instances
predetermined by the city council. The zoning adrninistrator may issue
an a_dMinistrative conditional use Kermit for any conditionally permitted
use where an already_=rgvedpermit has been g[anted and the change
or expansion does not exceed more than 25 percent of the overall square
footaze of the builR or use. Any such administrative conditional use
permit _must substantially eonfQ n with all conditions included in the
already apnroved condi'jonal use hermit.
Page 13 of 13
hook into city water and sewer services, an effect on their taxes, a
change in the ability to have their livestock, etc.
Wilson noted that in answer to Ms. Homquists' questions, that
there would be no effect to her taxes or connection to the sewer
district or her use of her property and that any livestock would
have been grandfathered and there would be no change to that as
long as that use continued.
No one else wished to speak for or against the petition and the
public hearing was closed.
BOARD DISCUSSION Brenneman asked if this would completely surround the RA-1
section which could be annexed and.Wilson stated that it could be
annexed but it won't.
MOTION Rice moved and Breneman seconded to adopt staff report KA-99-5
as findings of fact and, based on these findings, recommend to the
Kalispell City Council that the proposed property be zoned B-1,
Neighborhood Buffer District, upon annexation. On a roll call vote
all members present on the board voted Aye. The motion to
recommend B-1 zoning upon annexation passed unanimously,
with Sipe excused from the vote.
Sipe returned to his seat on the board.
CITY OF KALISPELL A request by the City of Kalispell for various amendments to the
ZONING ORDINANCE Kalispell Zoning Ordinance. These amendments would change
AMENDMENTS several areas of the zoning jurisdiction.
STAFF REPORT Narda Wilson gave a presentation of staff report KZTA-99-6 in
which staff recommends that the board recommend to the
Kalispell City Council that the amendments, as stated in the
report, be made to the Kalispell Zoning Ordinance. Wilson noted
that staff along with the City Zoning Administrator came forward
with many changes and that she determined that these changes
were all that were being brought out at this time. Later there will
be another request for `housekeeping zoning amendments'. She
went over each of the amendments individually explaining the
reasons for each. Wilson noted that staff is recommending that
bars, taverns, cocktail lounges, casinos, etc. all be placed in the
conditional use category.
Johnson noted that the board members should bring up any
amendment that they might have a problem with and that way the
board could move forward with those amendments which everyone
already agrees with, then those items which need further
consideration can be discussed.
PUBLIC E[LARING The public hearing was opened to those in favor of the
amendments.
Kalispell City County Planning Board
Minutes of meeting June 8, 1999
Page 7 of 12
Craig Kerzman, Kalispell Building Official, spoke in favor of the
petition and stated that amendment item 1 would better suit the
current building standards and better serve the public.
No one else wished to speak and the public hearing was closed.
BOARD DISCUSSION The board agreed that items 1, 2, 3, S, 6, 8, 9, 10 and 12 needed
no further discussion as they agreed with the staff
recommendations.
Item 4: Whether to place bars, taverns, cocktail lounges and
casinos as a conditional use within all districts were they are
allowed.
Brenneman stated, and Garberg agreed, that taverns, bars, etc.
along with casinos should be moved to conditionally permitted
uses.
Stevens stated that he disagreed with adding bars, etc. to the
conditional use process and that there is no reason to add them as
the city -has gotten along all right with them as permitted uses in
specific zones. He stated that there would be significant
opposition at public hearings if these uses were moved to
conditionally permitted uses and if the zones were established that
allow bars, etc. then there is no need to go further with it. They
should be left as they are.
Garberg noted that he believes that it is because of tlx
controversy and the need to allow the public a process to state
their concerns over these uses that these business should be
conditionally permitted uses.
Sipe noted that he would not want to have even higher restrictions
than what already is in place.
Wilson added that bars, etc. are conditionally permitted uses in
the County zoning regulations.
Sipe noted that by the same token if one has a casino then one
has a bar and why not add casinos to the permitted uses in those
districts where bars, etc. are already permitted.
Johnson stated that the County conditional use permits are
granted by the board of adjustment which is a quasi legal board
and there is no further recourse except the court system.
Wilson noted that a function of zoning is to separate incompatible
uses and limit uses with greater impact to certain areas.
Breneman noted that a basis for casinos as a conditional use is if
there are some statistics that show that adding a casino to a ber
would in some way change the characteristic of the bar and tY .
Kalispell City County Planning Board
Minutes of meeting June 8, 1999
Page 8 of 12
impact to the neighborhood.
Stevens noted that because the legislature allows casinos with a
bar license using the zoning or conditional use process to keep
them out of the community is improper and that the fight to have
less of these businesses should be with the legislature. He stated
that nibbling on the issue of gambling through zoning takes away
from the head on consideration with the legislature.
Garberg noted that with controversial issues the public should be
allowed to have participation. He stated that the public has a
right to state their concerns over the controversial issues.
Wilson noted that zoning gives the local government some control
over state allowed issues without having to make it a state wide
issue when it is a local concern. She clarified that even though a
gaming license for 20 machines goes along with an on premise
liquor license in Kalispell the business is still required to obtain a
conditional use permit to have more than 5 machines. The
question is should that remain and should bars, etc. be included
in the conditional use permit category or should casinos be placed
in the permitted use category with bars, etc. This is what local
control is about, giving the community a say on where these
businesses are allowed.
Heinecke noted that by placing bars and casinos as conditionally
permitted uses then the public review is allowed and then if the
conditional use has merit it will pass through the boards and if
not it will not be allowed.
Wilson reworded item 4 to read "Change bars, taverns, cocktail
lounges, and clubs to a conditionally permitted use in the B-2,
General Business District, and B-4, Central Business District and
couple with casinos. In the B-3, Community Business District, B-
5, Commercial / Industrial District, and I-1, Industrial District,
add casinos as a conditionally permitted use in the same
categories as bars, taverns, cocktail lounges, and clubs. All of
these uses would be listed in the same category and would read
bars, taverns, cocktail lounges, clubs and casinos."
Johnson asked for a show of hands on Item 4 and the board was 5
to 3 in favor of the staff recommendation to place casinos, bars,
etc. in the conditionally permitted use category as amended and
read by Wilson.
Item 7: Add a new section under Supplementary Regulations:
Special Events: Special events such as car shows. boat shows. RV
shows, carnivals, concerts and similar outdoor activities may be
permitted in the "B, " 'I," and "P" zones provided then do not exceed
seven dams in the three month period..
Craig Kerzman stated that this amendment would give the
Kalispell City County Planning Board
Minutes of meeting June 8, 1999
Page 9 of 12
building department guidance on allowing temporary uses. These
special events are not accessory uses or listed as permitted uses
in those zones and so the only category they can be placed in is
temporary uses. He noted that for allowed frequency it would r'.
up to the board.
Sipe asked if these types of activities were causing any problems
and was answered that at this time there had been no problems
associated with these temporary special events.
Wilson explained that the current process to allow these
temporary special events is to go through the conditional use
permit process going from the Flathead Regional Development
Office, to the planning board and then to the council before they
can lawfully take place. She stated that this is cumbersome and
time consuming for such short events.
The board discussed having these allowed more often than seven
days in a three month period. They were in agreement that they
could be allowed more often in that many of these events enhance
the community.
By unanimous board consensus item 7 was amended to "seven
days in a one month period".
Item 11: Amend Section 27.37.010(179), Definitions, Professional Office,
insert This would also include, but not be limited to, title companies, travel
agencies, insurance companies, real estate offices,...
Wilson read and clarified the current regulations, noting that
these businesses had been left out by oversight and the "but not
limited to" clause gives some flexibility.
The board agreed by unanimous consensus to accept the
recommendation as written by staff.
Item 13: Amend Section 27.26.050, (30), Off -Street Parking,
Medical and Dental Offices. This would allow for one space per
each. 200 feet of floor area.
Wilson noted that there is actually a book that gives parking
requirements based on specific uses, and this book has been
researched by staff. The staff believes that the current city
regulations generally require too much parking. This amendment
would lessen the required _ parking, make the regulations
consistent, and allow what they have found to be acceptable
parking requirements.
By a show of hands the board unanimously agreed to accept item
13 as recommended by staff.
Kalispell City County Planning Board
Minutes of meeting June 8, 1999
Page 10 of 12
Item 14: Amend Section 27.26.050, (16) and (17), Drive in
Restaurants and Fast Food Restaurants. Combine these uses and
call them Drive -Through and Fast Food Restaurants with the
parking requirements stated as: On space per 80 square feet of
gross floor area Plus on space per employee on the largest shift.
Wilson explained that the current requirement of one space for
every 50 feet of floor space is excessive, and that stacking spaces
should be considered. Stacking spaces is the number of cars in
the drive through, such a one car waiting, one at the order
window, another car and then one at the pick up window so that
there are no cars out in the street.
Johnson explained that an example is that the current regulations
have Pizza Hut and Taco Bell as the same type of business and
require the same parking, and that fast food drive through
restaurants, such as Taco Bell predicate their volume on stacking
spaces not parking as they are moving the customers through in a
very short period of time.
The unanimous board consensus was to amend the
recommendation to 100 feet and a minimum of four stacking
spaces.
Item 15: Move section 27.34.030(8) to a new Section 27 34.040
and renumber, call it Administrative Conditional Use Permit.
Garberg stated concern when bureaucratic or administrative
decisions are made. He noted that policy should be made by
elected officials.
Wilson explained that this regulation is to allow the zoning
administrator the power to issue an administrative conditional use
permit on a request to expand on an already granted conditional
use permit by 25 percent which substantially complies with the
conditions already placed by the original permit.
Stevens stated that he was satisfied with the recommended
amendment because the use is going to remain the same as the
original conditional use permit and 25 percent is not a huge
expansion and the administrative conditional use permit will have
to comply with the conditions placed on the existing conditional
use permit.
The board unanimously agreed with the staff recommendation.
MOTION Breneman moved and Sipe seconded to adopt staff report KZTA-
99-6 as findings of fact and, based on these findings, recommend
to the Kalispell City Council that the staff recommended
amendments, as amended by the board, be made to the Kalispell
Zoning Ordinance, with the understanding that the board
Kalispell City County :Tanning Board
` Minutes of meeting June 8, 1999
Page 1 I of 12
ANEW BUSINESS
OLD BUSINESS
ADJOURNMENT
Jean Johnson, President
discussion on item 4 is conveyed to the city council. On a roll call
vote all members present voted Aye. The motion to recommend
the board amended amendments passed unanimously.
There was no new business presented.
Tuesday, June 15, 1999 there will be a meeting dealing with the
master plan.
Breneman asked how to find out about council action on board
recommendations. It was noted that it could be gotten from the
newspaper, council minutes or they could call Wilson at FRDO.
The next meeting will be July 13, 1999, and will begin at 6 p.m.
The meeting was adjourned by motion at approximately 9:18 p.m.
Approved as submitted/corrected: / /99
Tricia Laske, Recording Secretary
Kalispell City County Planning Board
Minutes of meeting June 8, 1999
Page 12 of 12