09. Ordinance 1280 - Zoning Text Amendment - 1st ReadingAgenda -January 5, 1998
AGENDA ITEM 9 - ORDINANCE 1280-ZONING TEXT AMENDMENT -DAILY INTER
LAKE -ALLOWS NEWSPAPER OFFICES IN A B-3 ZONE AS A PERMITTED USE -1ST
READING
BACKGROUND/CONSIDERATION: I have enclosed the report from the City -County Planning
Board reviewing the request from the Daily Inter Lake for a text amendment. As you will see, the
requested change is one that would be recommended in the entire rewrite of the Kalispell Zoning
Ordinance but due to the timing of the rewriting process, the Inter Lake desires to expedite the
planning and construction of the new facility. This text amendment would allow this type of usage
with less impact to the area than many other B-3 uses.
RECOMMENDATION: Based upon the recommendation of the Planning Board, the minimal
impact within the B-3 areas, and the compatibility of this type of usage within the B-3 areas, I concur
with the request to allow newspaper offices as a permitted use within the community business zones.
ACTION REQUIRED: Approval of ORDINANCE 1280 is required for two readings. This is the
I" reading of this ordinance.
ORDINANCE NO. 1280
AN ORDINANCE AMENDING SECTION 27.15.020, (ORDINANCE NO. 1175), BY
ALLOWING "NEWSPAPER OFFICES" AS A PERMITTED USE IN A B-3, COMMUNITY
BUSINESS ZONING DISTRICT, AND TO PROVIDE AN EFFECTIVE DATE.
WHEREAS, the Daily Inter Lake has submitted a written request
to amend Section 27.15.020 of the Kalispell Zoning Ordinance, by
requesting that "Newspaper Offices, be allowed as a permitted use/_
in a B-3, Community Business zoning district, and u6'
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
27.30.020, Kalispell Zoning Ordinance, and
WHEREAS, FRDO evaluated the requested text amendment and
recommended that the request to allow "Newspaper Offices" as a
permitted use in the B-3, Community Business zoning district be
approved, and
WHEREAS, the Kalispell City -County Planning Board and Zoning
Commission recommended that the text of the Kalispell Zoning
Ordinance be amended to allow "Newspaper Offices" as a permitted
use in B-3, Community Business zoning district.
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 27.15.020, Community Business, B-3 is hereby
amended by allowing "Newspaper Offices" as a permitted
use.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL
THIS DAY OF , 1998.
William E. Boharski, Mayor
ATTEST:
Debbie Gifford, CMC/AAE
Clerk of Council
j:wp\ord\newspaper -1-
Flathead Regional Development Office
723 5th Avenue East - Room 414
Kalispell, Montana 59901
Phone: (406) 758-5980
Fax: (406) 758-5781
December 16, 1997
Clarence Krepps
Kalispell City Manager
P.O. Drawer 1997
Kalispell, MT 59903
Re: Daily Interlake Text Amendment to the Kalispell Zoning Ordinance
Dear Clarence:
The Kalispell City -County Planning Board met in regular session on Tuesday,
December 9, 1997 and held a public hearing on a request by the Daily Interlake of
Kalispell for a text amendment to the Kalispell Zoning Ordinance. They propose to
add newspaper offices as a permitted use in the B-3, Community Business, zoning
district which does not currently this as a permitted use.
Narda Wilson with the Flathead Regional Development Office presented staff report
#KZTA-97-1 and reviewed the proposed amendment as required by statute. Based
upon the evaluation, she recommended that the amendment be approved.
During the public hearing, Ron Peterson with the Daily Interlake spoke in favor of the
proposal. No one spoke in opposition. After taking public testimony, the Board
agreed the proposed amendment was appropriate for the B-3 district, posing a lesser
or equal impact as those uses already permitted.
A motion was made to adopt the findings of fact in FRDO staff report #KZTA 97-1, and
recommend that the City Council approve the. proposed zoning text amendment. The
motion passed on a vote of nine in favor and none opposed.
Please schedule this matter for the regular City Council meeting of January 5, 1998.
Please contact this Board or the Flathead Regional Development Office if you have any
questions regarding this proposal.
Sincerely,
Kalispell City -County Planning Board
�fL U..' 4� 4j---
Therese Fox Hash
President
Providing Community Planning Assistance To:
• Flathead County • City of Columbia Falls • City of Kalispell • City of Whitefish •
Daily Interlake Zoning Text Amendment
December 16, 1997
Page 2
TFH / NW / eo
Attachments: FRDO Report #KZTA-97-1/Application Materials
Draft minutes of the meeting of December 9, 1997
c: w/o att: Ron Peterson, Daily Interlake, 727 E. Idaho, Kalispell, MT 59901
Debbie Gifford, Kalispell City Clerk
H:... \TRANSMIT\KALISPEL\ 1997\KZTA97-1
DAILY INTERLAKE OF KALISPELL
REQUEST FOR ZONING TEXT AMENDMENT TO B-3 DISTRICT
FLATHEAD REGIONAL DEVELOPMENT OFFICE
STAFF REPORT #KZTA-97-1
December 1, 1997
A report to the Kalispell City -County Planning Board and the Kalispell City Council
regarding a request for a text amendment. A public hearing has been scheduled
before the Kalispell City -County Planning Board for December 9, 1997 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
The applicants are proposing to amend Section 27.15.020, of the Kalispell Zoning
Ordinance, permitted uses in the B-3, Community Business district by including
"newspaper offices" as a specific permitted use.
A. Petitioner and Owners: Ron Peterson, Publisher
Daily Interlake of Kalispell
727 East Idaho
Kalispell, MT 59901
(406)755-7000
B. Area Effected by the Proposed Changes: Any area within the Kalispell
zoning jurisdiction which might be zoned B-3, Community Business, would
potentially be effected by the proposed change. The current B-3 regulations
are attached on Exhibit A.
C. Proposed Amendments: The applicants are proposing a text amendment to
the community business zoning district regulations with the intent to add
newspaper offices as a permitted use in the district.
D. Staff Discussion: The staff recognizes the value of including newspaper
offices as a permitted use in the B-3 zoning district and would support the
text amendment. As part of the rewrite of the Kalispell Zoning Ordinance
which is in process, this is a specific amendment which would be proposed by
the staff. However, the final adoption of the amendments are several months
away and will require substantial time by the staff, planning board and city
council for thorough review.
With this in mind, the applicant has chosen to move forward with a single
text amendment so that plans for expansion can begin this winter and
potential construction could begin this spring. It is the intent of the staff in
this report to consider only the single text amendment proposed and to
present other amendments to the Kalispell Zoning Ordinance, including the
B-3 zoning district, the early part of 1998 for full review by the planning
board and city council..
1
EVALUATION 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 use proposed by the applicant would typically be anticipated to be
located in a business area because of the common general characteristics and
impacts of other uses in the district. The use would generally include fairly
low intensity of land use and low volumes of customer service, minimal walk
in traffic, and the need for moderately sized buildings which would provide
areas for office space and publishing equipment. By concentrating these
uses into a common area or district, conflicts between uses will be minimized.
Additionally, the separation of land uses brings stability to land values in
these different districts. The proposed amendments further the goals and
objectives of the Kalispell City -County Master Plan.
2. Is the requested zone designed to lessen congestion in the streets?
Concentrating similar uses in a single district reduces the potential conflicts
between the different types of traffic associated with different types of
businesses. Traffic associated with business selling large volumes of retail
goods or large retail goods would pose more of an impact that traffic
associated with newspaper offices. The changes would be designed to avoid
traffic conflicts and lessen congestion in the streets.
3. Will the requested zone secure safetv from fire. panic, and other dangers?
The proposed changes will secure the public from fire and safety dangers by
avoiding conflicts associated different types of uses and associated traffice,
noise and operational impacts. There would be minimal risk to safety which
might be associated with these changes.
4. Will the requested change promote the health and general welfare?
The general health and welfare of the public will be promoted by encouraging
the separation of uses which might present economic, social or physical
conflicts.
5. Will the requested zone provide for adequate light and air?
Adequate light and air would be provided through development standards
relating to the density in the district, setback requirements for structures,
and lot coverage.
2
6. Will the requested zone prevent the overcrowding of land or undue
concentration of people?
Development standards in the district will prevent the overcrowding of land
through development 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.
7. Will the requested zone facilitate the adequate provision of transportation,
water, sewerage, schools, parks, and other public requirements?
Public services and facilities would generally be anticipated to be available to
the community business districts. The separation of uses into concentrated
districts provides for the more efficient uses of public services and facilities.
The changes proposed would promote the adequate provision of services to
light industrial areas.
8. Does the requested zone give consideration to the particular suitability of the
property for particular uses?
Grouping similar uses into general categories and allowing them to be
congregated into a single area is a reasonable and suitable goal of zoning and
land use planning. The requested changes give adequate consideration to the
particular suitability of the community business district for the proposed
uses.
9. Does the requested zone give reasonable consideration to the character of the
district?
The proposed changes would not change the character of the district, but
allow a use which would be compatible and consistent with the intent of the
district. This district is intended to provide a retail and office center for the
community and to provide areas for businesses which do not require areas for
outdoor storage or display.
10. Will the proposed zone conserve the value of buildings?
The value of buildings in community business districts would be maintained
by encouraging a general consolidation of compatible and complementary
uses.
11. Will the requested zone encourage the most appropriate use of the land
throughout the jurisdiction?
The most appropriate land uses throughout the jurisdiction is promoted by
providing for specific uses in a district which will encourage compatibility,
maintain property values, avoid potential conflicts and provide for economic
stability within the community. The requested changes will encourage the
most appropriate use of land throughout the jurisdiction.
3
RECOMMENDATION
Staff recommends that the Kalispell City -County Planning Board adopt FRDO staff
report #KZTA-97-1 as findings of fact and, based on these findings, recommend to
the Kalispell City Council that newspaper offices be listed as a permitted use in the
B-3, Community Business Zoning District.
H: \... \ KZTA \ 97 \ KZTA97-1
4
B-3 Community Business - Page I
L i 1 Q
CHAPTER 27.15
B-3 COMMUNITY BUSINESS
Sections:
27.15.010 Intent
27.15.020 Permitted Uses
27.15.030 Uses Which May Be Permitted By Conditional Use Permit
27.15.040 Property Development Standards
27.15.010: Intent. A business district to provide areas for the development of
community shopping areas and other retail service centers. This district shall
be a business island of not less than five acres and not a strip development.
This district is not intended to prop de areas for outside sales of such items
as automobiles, manufactured housing and boats.
27.15.020: Permitted Uses.
(1). Artist studio with inciden al sales.
(2). Athletic club.
(3). Automobile parking, commercial or public.
(4). Automobile repair garages, excluding body shops.
(5). Automobile service station (see definition).
(6). Bakery, deli, wholesale, -retail, greater than 1,500 square feet
manufacturing area
(7). Banks/savings and loan/�-iance and loan companies.
(8). Barber and beauty services.
(9). Bar, tavern, cocktail lounze, clubs.
(10). Candy products manufacr Ire, retail on premise.
(11). Car wash, automobile detailing shop.
(12). Catering establishments.
(13). Chemical dependency/substance abuse clinic (outpatient only).
(14). Chiropractic clinic.
(15). Church/worship/parish/SLmday school buildings.
(16). Clinics, medical and dental.
(17). Coin and/or stamp dealer--, lapidaries.
(18). College/business/trade/mi...sic/dance schools - no student reside.
(19). Counseling center for the physically or mentally disabled.
(20). Dairy bar/ice cream maniZI acturing, retail on premises.
(21). Day care center (see definition).
(22). Department stores.
(23). Food processing/retail on premises - no kill/dress of flesh/fowl.
(24). Food store/supermarket, etc. - no slaughtering of flesh/fowl.
B-3 Community Business • Page 2
(25). Food stores, retail under 3,000 square feet.
(26). Fruit/wine bar.
(27). Furriers, retails sales and storage.
(28). GIazier.
(29). Hotel/motel.
(30). Insurance office and/or claims centers.
(31). Investment firms.
(32). Janitor supplies/services'contiacting.
(33). Jewelry/watch repair and sales.
(34). Launderette/dry cleaning, customer self service.
(35). Libraries, museums, and similar cultural facilities.
(36). Liquor store.
(37). Locksmiths or gunsmiths.
(38).. Lodges/fraternal/social organizations, non-profit.
(39). Massage parlor.
(40). Music education with related performance and limited sales.
(41). Office, professional/goN!emmental.
(42). Office equipment, supplies/sales/service.
(43). Opticians/optical supplies/sales.
(44). Parks.
(45). Pawn shop (no outside storage/display).
(46). Pet shops.
(47). Pharmacy.
(48). Photographic studios.
(49). Post office - main distribution center.
(50). Post office - satellite or neighborhood.
(51). Prepared food delivery facilities.
(52). Produce stand.
(53). Real estate sales offices.
(54). Recreational area, commercial and non-commercial (see
definition).
(55). Restaurants.
(56). Retail business (see definition).
(57). Second hand stores (see definition).
(58). Shoe repair.
(59). Ski rental shop.
(60). Tailors/dressmakers/milliners.
(61). Take and bake prepared food facility.
(62). Theaters in permanent indoor structure.
(63). Title company.
(64). Telecommunication companies and/or radio common carriers.
(65). Travel agency.
(66). Undertaking/mortuaries/funeral homes/parlors.
(67). Variety stores.
B-3 Community Business - Page 3
27.15.030
Uses Which May Be Permitted By Conditional Use Permit.
M. Apartments, accessory. (.Amended Ordinance No. 1195.)
(2). Community center/gymi'swim pools -operated by
public/quasi-public.
(3). Drive-in banking facility.
(4). Electrical distribution station.
(5). Fish sales stand, temporary.
(6). Law enforcement/fire stations.
(7). Libraries, museums, and similar cultural facilities.
(8). Life styling center.
(9). Quasi -public buildings, non-profit in character.
(10). Railroad rights -of -way.
(11). Retail mall/community shopping center.
(12). Schools, commercial (see definition).
(13). Temporary building/structure.
(14). Transmission towers and accessory facilities.
(15). Water storage facilities.
27.15.040 Property Development Standards.
M. Minimum Lot Area: 7000 square feet
(2). Minimum Lot Width (FT): 70
(3). Minimum Yards (FT):
Front Yard - 20
Side Yard - 5
Rear Yard - 20
Side Corner - 15
(Amended Ordinance No. 1190.)
(4). Maximum Building Height (FT): 35
(5). Permitted Lot Coverage (%): N/A
(6). Off -Street Parking: Refer to Sections 27.26 and 27.27.
(7). Maximum Fence Heights (FT):
Front - 0
Side - 6.5
Rear - 6.5
KALISPELL CITY -COUNTY PLANNING BOARD
AND ZONING COMMISSION
MINUTES OF MEETING
DECEMBER 9, 1997
CALL TO ORDER The regularly scheduled meeting of the Kalispell City -County Planning
AND ROLL CALL Board and Zoning Commission was called to order at 7:05 p.m. Board
members present were Pam Kennedy_ , Milt Carlson, Mike Conner, Joe
Brenneman, Bob Sanders, Therese Hash, Jean Johnson, and Robert
Lopp. The Flathead Regional Development Office was represented by
Narda Wilson, Senior Planner. There were 8 people in the audience.
APPROVAL OF The minutes of the meeting of NoN-ember 13, 1997 were approved as
MINUTES written on a motion by Conner, second by Bahr.
NELSON The next item was review of a conservation easement from Greg and
CONSERVATION Gina Nelson to the Montana Land Reliance consisting of approximately
EASEMENT 60 acres on the east side of the Flathead River and west of El Rancho
Road, east of Kalispell. This property is located in the Eastside Zoning
District, is zoned AG-80, Agricultural, and can be described as
Assessor's Tract 4 in the SW4 of Section 10, Township 28 North, Range
21 West, P.M.M., Flathead County.
Staff Report Wilson gave a review of staff report 4FCE-97-8 and recommended the
Planning Board support the conveyance as it furthers the goals and
policies of long range planning in the master plan.
No public hearing is required.
Motion Kennedy moved to adopt the findings in report #FCE-97-8 and to
authorize the Planning Director to act on the Planning Board's behalf by
stating to the Montana Land Reliance that the conservation easement will
further the goals of long-range planning and they are in full support of
the conveyance. Conner seconded. On a roll call vote, the motion
carried 9-0 in favor.
INGHAM The next item for Board consideration was a conservation easement from
CONSERVATION George and Bonnie Ingham to the Montana Land Reliance consisting of
EASEMENT approximately 234 acres on the east side of the Flathead River, in the
Foys Bend area east of Kalispell. The property consists of portions of
Sections 26, 27, 34 and 35, Township 28 North, Range 21 West,
P.M.M., Flathead County.
Staff Report Wilson gave a review of report #FCE-97-9, with a recommendation to
11
support the conveyance as it furthers the goals and policies of long-range
planning as set forth in the Master Plan.
Motion Carlson moved to adopt report #FCE-97-9 and to authorize the Planning
Director to act on the Planning Board's behalf by stating to the Montana
Land Reliance that the conservation easement will further the goals of
long-range planning and they are in full support of the conveyance. Bahr
seconded. On a roll call vote, the motion carried 9-0 in favor.
DAILY INTERLAKE The first public hearing was introduced on a request by the Daily
TEXT Interlake of Kalispell for an amendment to the Kalispell Zoning
AMENDMENT Ordinance, Section 27.14.020, Permitted Uses in the B-3 Community
Business zoning district. The applicants are proposing to include
"newspaper offices" as a permitted use. The amendment would allow
newspaper offices to locate on any property within the city of Kalispell
that is zoned B-3, Community Business.
Staff Report Wilson gave a presentation of report 4KZTA-97-1, which reviewed the
application in accordance with the statutory criteria for a change in
zoning. Based on the evaluation, staff recommended that newspaper
offices be listed as a permitted use in the B-3, Community Business
zoning district.
Public Hearing The public hearing was opened.
In Favor Ron Peterson, publisher for the Daily Interlake, spoke in favor of the text
amendment, and explained their proposal for expansion.
No one else spoke either in favor or in opposition. The public hearing
was closed.
Board Discussion The Board felt that list of permitted and conditional uses in the B-3
district were more impacting than the requested use. It would actually be
a benefit to the neighbors when the Daily Interlake expands and moves
its distribution/delivery area away from the motel.
Motion Kennedy moved to adopt the findings of fact in report #KZTA-97-1 and
forward a favorable recommendation to City Council granting the text
amendment to allow "newspaper offices" as a permitted use in the B-3
zoning district. Lopp seconded. On a roll call vote, the motion carried
9-0 in favor.
R.INKE / COZIAHR The next public hearing was introduced on a request by Paul J. Stokes
ZONE CHANGE / and Associates on behalf of Robert Rinke and John Coziahr for a zone
FROM R-1 TO R-2 change from the current R-1, a Suburban Residential zoning district to R-
2
2, a One Family Limited Residential zoning district. The property
proposed for the zone change contains approximately one acre and is in
the Evergreen and Vicinity Zoning District, and would allow the creation
of one additional parcel. The property is located about 1,600 feet north
of West Evergreen Drive on the west side of Kings Way, and can be
described as Assessor" Tract 3BBG in Section 32, T29N, R21 W,
P.M.M., Flathead County.
This request was tabled from the October 15`h meeting.
Staff Report Wilson gave a presentation of report 9FZC-97-8A. The application was
evaluated in accordance with the statutory criteria, and based on the
findings, staff recommended the zone change from R- I to R-2 be denied.
Conflict of Interest Jean Johnson declared a conflict and stepped down from the Board.
Public Hearing The public hearing was opened to those in favor.
In Favor Jean Johnson, of Paul Stokes and Associates, representing their clients
Bob Rinke and John Cozhair, was in favor. He stated that they had tried
to get other neighbors to be a part of the zone change to R-2, but the
neighbors were not receptive, as they wanted the ability to keep
livestock. We are pursuing our other options at this time. The issue of
spot zoning, in the Evergreen area, there is a bodge-podge of zoning. I
think a long term plan should be looked at for the area with the
availability of sewer and water.
No one else spoke in favor. The public hearing was opened to those
opposed.
Opposition Jim Bray, adjacent property owner, is opposed to the zone change. The
easement on his property is for the sewer line, only, the road is private.
If this goes through, then all of it will someday be changed.
Victoria Bray -Wallace, owns the property directly west of the subject
site. She is opposed to having that lot subdivided. She does not want
two neighbors. We bought the property because it was more open out
there.
Loren Hands, 314 Kings Way, the property in question. Until now, I did
not know that my house was going to be removed. I don't see any
feasible way that they can split that. I have a buy/sell in progress, right
now, from Mr. Rinke. The loan is in progress. I don't know what he
wants. I am leasing the land from Rinke and Cozhair. I am buying the
land from Mr. Rinke — the whole acre. The buy/sell date is December 2°d
and the closing date is December 15". I have another buy/sell agreement
with him from October I995, but it didn't go through and he wouldn't
renew it. I am opposed to this zone change. It is open and rural, and all
the neighbors want to keep it that way. I've lived there for quite a few
years.
No one else spoke in opposition. The public hearing was closed and
opened to Board discussion.
Board Discussion Johnson was asked when he had last spoken with his client.
Kennedy felt there was no reason to further discussion on this issue. It
should have been tabled or withdrawn.
Lopp said that in defense of Rinke and John Cozhair, the application was
dated September 15"', and tabled from the October meeting. Evidently, a
real estate trade happened and they failed to inform their consultant of
the buy/sell agreement.
Motion Kennedy moved to adopt staff report #FZC-97-8A as findings of fact and
recommend the County Commissioners deny the zone change from R-1
to R-2. Conner second. On a roll call vote Kennedy, Bahr, Conner,
Carlson, Sanders, Lopp, Brenneman, and Hash voted aye. Johnson
abstained. The motion carried 8-0.
OLD BUSINESS There was no old business.
NEW BUSINESS Wilson invited the Board members who are leaving their terms on the
Board to remain on the Master Plan subcommittees. No one wanted to
remain on a committee.
Certificates of Certificates of Appreciation were presented to outgoing Board members
Appreciation Robert Sanders, Robert Lapp, Pam Kennedy and Michael Conner.
ADJOURNMENT There being no further business, the meeting was adjourned at 8.00 p.m.
Therese Fox Hash, President Elizabeth Ontko, Recording Secretary
4