8. Ordinance 1329 - Text Amendment - Definitions - 2nd ReadingFlathead Regional Development Office
723 5th Avenue East - Room 414
Kalispell, Montana 59901
Phone: (406) 758-5980
Fax: (406) 758-5781
REPORT TO: Kalispell Mayor and City Council
FROM: Narda A. Wilson, Senior Planner
Chris A. Kukulski, City Manager
SUBJECT Professional Office Definition and Trip Generation
MEETING DATE: July 19, 1999
BACKGROUND: At the last city council meeting, Councilman Nystul asked for
some additional information regarding the term "professional office" in the context of
the proposed amendment to this term in the zoning definitions. He was particularly
concerned with that additional traffic may be generated in the various districts by
including such uses as travel agencies, real estate office and title companies in the
professional office category beyond that which would be generated in other
"professional office" type uses. He noted that B-1, the Neighborhood Buffer District,
allows professional office but does not list other uses which are proposed to be
included in the definition.
The proposed language would be as follows (in part). "Definitions, Professional Office,
insert This would also include, but not be limited to, title combanies, travel
agencies, 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 of commodities."
In reviewing the Trip Generation Manual compiled by the Institute of Transportation
Engineers which we rely on regularly to estimate vehicle trips for various uses, the
term "office" is used as a single category. Two breakdowns on estimated vehicle trips
are given: one based on size and another based on employees. It is noted that smaller
offices generally generate more traffic that larger offices based on square footage.
Additionally, it notes that the average trip rate per 1,000 square feet is 10.9. Based
on employee, the average trip rate is 2.9.
It is worth noting that part of this proposed amendment was to bring some
consistency to uses allowed within various districts. For instance, the B-1 district
allows professional and government offices, but does not list title companies which
are allowed in the RA-3 district, a Residential Apartment / Office district. This district
also lists professional and government offices as permitted uses. Furthermore, the R-
5 district, a Residential / Professional Office district, lists professional and
government offices, but also lists real estate office, title companies insurance sales
offices, and travel agencies. Why? I don't know. It appears to be an oversight which
creates inconsistencies and confusion in attempting to determine which uses are
Providing Community Planning Assistance To:
• Flathead County • City of Columbia Falls • City of Kalispell • City of Whitefish •
Memo to Council on Professional Offices
July 12, 1999
Page 2
allowed in very similar districts. Including all of these uses in a catch-all category
seems like it will simplify how these uses are handled.
I have also done a little research for the definition of "professional offices" in other
jurisdictions and can offer those as additional information if it would be helpful. For
instance, Jefferson County, Co. -Professional Office -The office of a person or persons
engaged in any occupation, vocation, or calling, not purely commercial, mechanical,
or agricultural in which a professed knowledge or skill in some department of science
or learning is used by its practical application to the affairs of others, either advising
or guiding them in serving their interest or welfare through the practice of an act
founded thereon.
Ours is similar to others. However, the real purpose in this amendment is to make all
of the districts which allow profession offices to allow other similar type office uses to
provide some consistency and fairness.
RECOMMENDATION: A motion to approve the second reading of the ordinance
redefining professional offices in the Kalispell Zoning Ordinance may be in order.
FISCAL EFFECTS: Undetermined.
ALTERNATIVES: As suggested by the city council.
;l
Q
Narda A. Wilson Chris A. Kukulski
Senior Planner City Manager
Report compiled: July 8, 1999
ORDINANCE NO. 1329
AN ORDINANCE AMENDING SECTION 27.37.010 OF THE KALISPELL ZONING
ORDINANCE, (ORDINANCE NO. 1175), BY AMENDING THE DEFINITIONS OF
PROFESSIONAL OFFICES AND SEXUALLY ORIENTED BUSINESSES, AND
DECLARING AN EFFECTIVE DATE.
WHEREAS, City of Kalispell has submitted a written request to
amend Section 27.37.010 of the Kalispell Zoning Ordinance, by
amending the definitions of Professional Offices and Sexually
Oriented Businesses, 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 definitions of
Professional Offices and Sexually Oriented Businesses be amended,
and
WHEREAS, the Kalispell City -County Planning Board and Zoning
Commission recommended that the text of the Kalispell Zoning
Ordinance, Definitions, be amended as to Professional Offices and
Sexually Oriented Businesses, 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 27.37.010. Definitions
(179) Professional Offices. Offices maintained and
used as a place of business conducted by
persons engaged in the healing arts for human
beings, such as physicians and dentists (but
wherein no overnight care for patients is
prof off def.wpd 1
given), and by registered engineers,
attorneys, architects, accountants. This would
also include, but not be limited to, title
companies, travel agencies, insurance
companies, real estate offices, and other
persons providing services utilizing training
in and knowledge of the mental discipline as
distinguished from training in occupations
requiring mechanical skill or manual dexterity
or the handling of commodities.
(213) Sexually Oriented Businesses. Sexually
oriented business means an adult arcade, adult
bookstore or adult video store, adult cabaret,
adult motel, adult motion picture. theater,
adult theater, escort agency, nude model
studio, or sexual encounter center. Related
dew iens are as fellews !
(delete subsections a-o)
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
prof off def.wpd 2