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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