Loading...
03. Ordinance 1342 - Text Amendment - 1st ReadingFlathead Regional Development Office 723 5th Avenue East - Room 414 REPORT TO: FROM: SUBJECT: MEETING DATE: Kalispell, Montana 59901 Phone: (406) 758-5980 Fax: (406) 758-5781 Kalispell Mayor and City Council Narda A. Wilson, Senior Planner Chris A. Kukulski, City Manager Zoning Text Amendment - Zone Change Protest Provision December 6, 1999 BACKGROUND: The Kalispell City -County Planning Board met on November 9, 1999 and held a public hearing on a request by the Flathead Regional Development Office on behalf of the City of Kalispell for an amendment to the Kalispell Zoning Ordinance to address the change in the protest provision of a zone change request. This amendment brings the local ordinance into compliance the state statutes which were changed during the 1999 legislative session. During the public hearing no one spoke in either support or opposition. RECOMMENDATION: A motion to adopt the ordinance presented to the council for first reading would be in order. FISCAL EFFECTS: None ALTERNATIVES: As suggested by the city council. Narda A. Wilson Chris A. Kukuls1d Senior Planner City Manager Report compiled: November 19, 1999 Attachments: Transmittal letter FRDO Report KZTA-99-7 w/application materials Draft minutes of the 11/9/99 planning board meeting Providing Community Planning Assistance To: • Flathead County • City of Columbia Falls • City of Kalispell • City of Whitefish • ORDINANCE NO. 1342 AN ORDINANCE AMENDING SECTION 27.30.030 OF THE KALISPELL ZONING ORDINANCE, (ORDINANCE NO. 1175), BY AMENDING THE PROTEST PROVISION OF A ZONE CHANGE REQUEST IN ORDER TO COMPLY WITH STATE STATUTE, AND DECLARING AN EFFECTIVE DATE. WHEREAS, Flathead Regional Development Office has submitted a written request to amend Section 27.30.030 of the Kalispell Zoning Ordinance, by amending the protest provision of any zone change request in order to conform to new state statutes passed during the 1999 Legislative session, 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 new statutes, 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-99-7 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 27.30.030: Hearing for Amendment: The Zoning Commission shall hold public hearings on the matters referred to in such initiation or petition at which parties in interest and citizens shall have an opportunity to be heard. At least 15 days notice of time and place of such hearing shall be published in an official paper or paper of general circulation in the City. All property owners within 150 feet of the site of the proposed zone change shall be notified via the United frdo amend.wpd 1 States mail at least 15 days prior to the public hearing. Names and addresses of adjoining property owners will be provided to the Flathead Regional Development Office by the applicant and will be certified by the County Clerk and Recorder's office or an authorized title company. After such hearing or hearings, the Zoning Commission will make reports and recommendations on said petition or initiation to the city council. The Zoning Commission shall forward to the city council its recommendation on the proposed 'amendment to either the text or the Zoning District Map. Based on the results of the Zoning Commission hearing, the staff report and the findings of the Zoning Commission, the city council shall by ordinance render a decision to grant, amend or deny the requested amendment. In case, however, of protest signed against such changes, signed by the owners of z$ 25 percent or more either of the area of the lots included in such proposed change or of those lots immediately adjacent on either side thereof within the block or of those directly opposite thereof extending 150 feet from the street frontage of such opposite lots, such amendments shall not become effective except by the favorable vote of three fourths two-thirds of aI+ present members of the city council. 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 , 1999. Wm E. Boharski Mayor ATTEST: Theresa White City Clerk frdo amend.wpd 2 board to do. MOTION Sipe moved and Rice seconded to have a work session Tuesday, November 16the, to include further consideration of the process that they need to follow as well as the legal issues and to consider public input. Brenneman commented that he does not support the document at all, and he did not believe that the committees' input was considered, as it should have been. The merits of the committees were not discussed and they have unwittingly shown this boards dysfunction, they often rejected information because of the messenger, all to often the rules were based on simplistic anecdotal personal reference, a vision document should not be tied down with that, he is in a dilemma as he cannot support the document unless there are extensive problems, and he also wished to say that he respects the board as individuals. On a roll call vote all members voted Aye. The motion to have a work session on Tuesday passed unanimously. PROTEST PROVISION A request by the Flathead Regional Development Office for an TEXT AMENDMENT amendment to the Kalispell Zoning Ordinance that changes the protest provision for municipal zoning. STAFF REPORT Narda Wilson gave a presentation on staff report KZTA-99-6 in which staff recommends that the text amendment as written in the staff report be made to the Kalispell Zoning Ordinance. Wilson stated that there is a typo it should be 99-7. She explained the changes. Sipe asked and was answered that each of these changes are simply to comply with state law. PUBLIC HEARING The public hearing was opened and no one wished to speak and the public hearing was closed. BOARD DISCUSSION Heinecke asked about #4 and it was clarified. MOTION Brenneman moved and Garberg seconded to adopt staff report KZTA-99-7 as findings of fact and, based on these findings, recommend to the Kalispell City Council that the proposed amendment be made to the Kalispell Zoning Ordinance. On a roll call vote all members voted Aye. The motion to recommend the text amendment passed unanimously. NEW BUSINESS There will be a full agenda next month. OLD BUSINESS There are planning board appointments that will expire on Kalispell City -County Planning Board November 9, 1999 Meeting Minutes Page 13 of 14 Flathead Regional Development Office 723 5th Avenue East - Room 414 Kalispell, Montana 59901 Phone: (406) 758-5980 Fax: (406) 758-5781 November 19, 1999 Chris Kukulski, City Manager City of Kalispell P.O. Box 1997 Kalispell, MT 59903 Re: Zoning Text Amendment - Zone Change Protest Provision Dear Chris: The Kalispell City -County Planning Board met on November 9, 1999 and held a public hearing on a request by the Flathead Regional Development Office on behalf of the City of Kalispell for an amendment to the Kalispell Zoning Ordinance. The amendment addresses the change in the protest provision of a zone change request and brings the local ordinance into compliance with the state statutes. Narda Wilson, with the Flathead Regional Development Office, presented staff report KZTA-99-7 and explained that during the 1999 legislative session, amendments were made to Section 76-2-305, Alteration of zoning regulations - protest, of the Montana Planning and Zoning Statutes. During the public hearing no one spoke in either support or opposition. The board discussed the amendment and agreed that the amendment should be made. A motion was made to adopt staff report KZTA-99-7 as findings of fact and recommend approval of the zoning text amendment to the city council. The motion passed unanimously. The proposed changes are outlined in Attachment A. Please schedule this matter for the December 6, 1999 regular city council meeting. You may contact this board or Narda Wilson at the Flathead Regional Development Office if you have any questions regarding this recommendation. Sincerely, Kalispell City -County Planning Board `- G awn-�s� Jean A. Johnson President Providing Community Planning Assistance To: • Flathead County • City of Columbia Falls • City of Kalispell • City of Whitefish • City of Kalispell Zone Text Amendment November 19, 1999 Page 2 of 2 JJ/NW/tl Attachments: Attachment A Staff report KZTA-99-7 and materials Draft minutes of the 11/09/99 planning board meeting c: w/ Att: Theresa White, Kalispell City Clerk P.J. Sorenson, Kalispell Zoning Administrator H: \FRDO \TRANSMIT \ KALISPEL\ 1999 \ KZTA9907. DOC City of Kalispell Zone Text Amendment November 19, 1999 Page 3 of 3 ATTACHMENT A CITY OF KALISPELL ZONING TEXT AMENDMENTS AS RECOMMENDED BY THE KALISPELL CITY -COUNTY PLANNING BOARD NOVEMBER 9, 1999 Section 27.30.030: Hearing for Amendment. The zoning Commission shall hold public hearings on the matters referred to in such initiation or petition at which parties in interest and citizens shall have an opportunity to be heard. At least 15 days notice of time and place of such hearing shall be published in an official paper or paper of general circulation in the City. All property owners within 150 feet of the site of the proposed zone change shall be notified via the United States mail at least 15 days prior to the public hearing. Names and addresses of adjoining property owners will be provided to the Flathead Regional Development Office by the applicant and will be certified by the County Clerk and Recorder's Office or an authorized title company. After such hearing or hearings, the Zoning Commission will make reports and recommendations on said petition or initiation to the city council. The Zoning commission shall forward to the city council its recommendation on the proposed amendment to either the text or the zoning District Map. Based on the results of the Zoning commission hearing, the staff report and the findings of the Zoning Commission, the city council shall by ordinance render a decision to grant, amend or deny the requested amendment. In case, however, of protest signed against such changes, signed by the owners of 29 25 percent or more either of the area of the lots included in such proposed change or of those lots immediately adjacent on either side thereof within the block or of those directly opposite thereof extending 150 feet from the street frontage of such opposite lots, such amendments shall not become effective except by the favorable vote of three eea four- � two-thirds of ail present members of the city council. FRDO FOR CITY OF KALISPELL REQUEST FOR ZONING TEXT AMENDMENTS FLATHEAD REGIONAL DEVELOPMENT OFFICE STAFF REPORT #KZTA-99-7 NOVEMBER 1, 1999 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 9, 1999 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. This is an amendment to the Kalispell Zoning Ordinance that can be considered to be housekeeping" items in order to reconcile the existing text with new state law. A. Petitioner and Owners: Flathead Regional Development Office On behalf of Chris Kukulski, City Manager City of Kalispell P.O. Box 1997 Kalispell, MT 59901 (406)758-7701 B. Area Effected by the Proposed Changes: Any area within the Kalispell zoning jurisdiction which would allow may be subject to a zone change and the associated protest provision could be effected by the proposed change. This would all zoning districts in the city. C. Proposed Amendment: This is an amendment to Section 27.30.030, Hearing for (Zoning) Amendment which deals with the protest pro -vision of a zone change request. During the 1999 legislative session, amendments were made to Section 76-2-305, Alteration of zoning regulations - protest, of the Montana Planning and Zoning Statutes. The changes are indicated below. 27.30.030: Hearing for Amendment. The Zoning Commission shall hold public hearings on the matters referred to in such initiation or petition at which parties in interest and citizens shall have an opportunity to be heard. At least 15 days notice of time and place of such hearing shall be published in an official paper or paper of general circulation in the City. All property owners within 150 feet of the site of the proposed zone change shall be notified via the United States mail at least 15 days prior to the public hearing. Names and addresses of adjoining property owners will be provided to the Flathead Regional Development Office by the applicant and will be certified by the County Clerk and Recorder's Office or an authorized title company. After such hearing or hearings, the Zoning Commission will make reports and Page 1 of 1 recommendations on said petition or initiation to the city council. The Zoning Commission shall forward to the city council its recommendation on the proposed amendment to either the text or the Zoning District Map. Based on the results of the Zoning Commission hearing, the staff report and the findings of the Zoning Commission, the city council shall by ordinance render a decision to grant, amend or deny the requested amendment. In case, however, of protest signed against such changes, signed by the owners of 2$ Z.% percent or more either of the area of the lots included in such proposed change or of those lots immediately adjacent on either side thereof within the block or of those directly opposite thereof extending 150 feet from the street frontage of such opposite lots, such amendments shall not become effective except by the favorable vote of tines urths two-thirds of aif present members of the city council 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. ON 3. The Kalispell City -County Master Plan encourages the use of zoning as a tool for the implementation of the master plan goals and objectives. This amendment brings the regulations into compliance with the state statutes and is consistent with master plan objectives. 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 generally be effected. These amendments would not compromise the security and safety of the community and are only intended to provide consistency between the state statutes and the City zoning ordinance. , ,.•• , ,a, IMUMM. 1NW.rvr*W=—*M- The general health and welfare of the public will be promoted by providing the community with accurate and timely information and guidance regarding the protest provisions for zone changes. 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 amendment does not change the development standards of the districts. 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 change. EVOTaTMEM "I We 0 Public services and facilities would generally be anticipated to be available to area within the city where this change might apply. The proposed changes would not impact the facilitation of public services and utilities. i• • • -• •/ a - •• • •• • / •.a .• t • • With adequate performance standards applied and development standards adhered to, the proposed amendment does not change the uses allowed within a district and give adequate consideration to the suitability of properties for particular uses within the zoning districts. • 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. The value of buildings will be preserved and the proposed change would not deviate from the intent and purpose of the various zoning districts in which the changes are proposed. The most appropriate land use throughout the jurisdiction will be promoted by providing regulations that are consistent with state law.