8. Ordinance 1287 - Zoning Text Amendment - Daily Interlake - 1st ReadingAgenda - April 20, 1998
AGENDA ITEM 8- ORDINANCE 1287 - ZONING TEXT AMENDMENT
DAILY INTER LAKE - 1ST READING
BACKGROUND/CONSIDERATION: I have enclosed the transmittal letter from the
Planning Board reviewing the action of the Board for this text amendment request. All of the
supporting documents are also enclosed.
RECOMMENDATION: Upon reviewing the information and discussion with the Staff,
I concur with the Staff s and the Planning Board's recommendation to approve the text
amendment reducing the minimum rear yard setback requirement in General Business (B-2)
and Community Business (B-3) zones from the current twenty (20) feet to ten (10) feet.
ACTION REQUIRED: Ordinance 1287 will need to be approved for this change to be
effective. This is the first reading.
ORDINANCE NO. _12.82_
AN ORDINANCE AMENDING SECTIONS 27.14.040 AND 27.15.040, OF THE
KALISPELL ZONING ORDINANC (ORD NANCE NO. 1175), BY ESTABLISHING
A MINIMUM REAR YARD OF ( ) FEET IN GENERAL BUSINESS (B-2)
AND COMMUNITY BUSINESS (B-3) ZONING DISTRICTS, AND DECLARING AN
EFFECTIVE DATE.
WHEREAS, the Daily Interlake of Kalispell has submitted a
written request to amend Section 27.15.040 of the Kalispell Zoning
Ordinance, by requesting that a "minimum rear yard setback" of ten
(10) feet be established for Community Business (B-3) zoning
districts, 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
27.30.020, Kalispell Zoning Ordinance, and
WHEREAS, FRDO evaluated the requested text amendment and
recommended, per Report #KZTA-98-2, that the minimum rear yard
setback requirement be reduced from twenty (20) to ten (10) feet in
Community Business (B-3) zoning districts, and
WHEREAS, the Kalispell City -County Planning Board and Zoning
Commission recommended that the text of the Kalispell Zoning
Ordinance be amended to establish a minimum rear yard setback of
ten (10) feet in General Business (B-2) and Community Business (B-
3) zoning, 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-98-2 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:
SEC-TI-ON-1. The City of Kalispell Zoning Ordinance,
Ordinance No. 1175, is hereby amended as
follows:
J:\wp\ord\texamend.wpd
Section 27.14.040: Property Development Standards.
(3) Minimum Yards (FT) :
Rear Yard - 10
Section 27.15.040: Property Development Standards.
(3) Minimum Yards (FT)
Rear Yard - 10
SECTION ---- II. All parts and portions of Ordinance No. 1175
not amended hereby remain unchanged.
SE-T_ION__211. 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 ,
1998.
Wm E. Boharski - Mayor
ATTEST:
Theresa White
Clerk of Council
J:\wp\ord\texamend.wpd
Flathead Regional Development Office
723 5th Avenue East - Room 414
Kalispell, Montana 59901
Phone: (406) 758-5980
Fax: (406) 758-5781
April 15, 1998
Clarence Krepps, City Manager
City of Kalispell
P.O. Box 1997
Kalispell, MT 59903
Re: Daily Interlake of Kalispell - Zoning Text Amendment to B-3 Rear Setbacks
Dear Clarence:
The Kalispell City -County Planning Board met in regular session on Tuesday, April
14, 1998 and held a public hearing on a request by the Daily Interlake of Kalispell for
a text amendment to the minimum rear yard setback requirement for the B-3,
Community Business, by reducing it from 20 feet to 10 feet.
Narda Wilson with the Flathead Regional Development Office presented a staff report
and stated it was an amendment the staff could support. The application was
evaluated under the statutory criteria. Staff recommended approval.
During the public hearing, the applicant, spoke in favor of the proposed change and
explained their plan to expand to the north. The architect for the project answered
Board questions and further elaborated on the design. No one spoke in opposition.
The Board discussed the proposal. A motion was made and seconded to forward a
recommendation to City Council to approve the proposed amendment to the Kalispell
Zoning Ordinance to reduce the rear yard setback from 20 feet to 10 feet and to
include the B-2, General Business district in the text amendment. The motion to
passed on a vote of eight in favor and none opposed.
Please schedule this matter for the regular City Council meeting of April 20, 1998.
Please contact this Board or the Flathead Regional Development Office if you have any
questions regarding this proposal.
Sincerely,
Kali ell City -County Planning Board
uc `�
'�-k
Therese Fox Hash
President
TFH/NW/eo
Providing Community Planning Assistance To:
• Flathead County • City of Columbia Falls • City of Kalispell • City of Whitefish •
Zoning Text Amendment
April 15, 1998
Page 2
Attachments: FRDO Report #KZTA-98-2/Application Materials
Draft minutes of the meeting of April 14, 1998
c w/o Att: Daily Inter Lake of Kalispell, PO Box 7610, Kalispell, MT 59904
c w/Att: Theresa White, Kalispell City Clerk
H:... \TRANSMIT\KALISPEL\ 1998\KZTA98-2
DAILY INTERLAKE OF KALISPELL
REQUEST FOR ZONING TEXT AMENDMENT TO B-3 DISTRICT
FLATHEAD REGIONAL DEVELOPMENT OFFICE
STAFF REPORT #KZTA-98-2
April6, 1998
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 April 14, 1998 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 27.15.040(3), of the Kalispell Zoning
Ordinance, minimum yard requirements in the B-3, Community Business district
by including "newspaper offices" as a specific permitted use.
A. Petitioner and Owners: Daily Interlake of Kalispell
P.O. Box 7610
Kalispell, MT 59904
(406)755-7000
Technical Assistance: Clarke and Meredith Architects
P.O. Box 7128
Kalispell, MT 59904-0128
(406)752-4200
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 reduce
the minimum rear yard setback from 20 feet to 10 feet.
D. Staff Discussion: As the board and council are aware the staff has been
working on revisions to the zoning ordinance, including revisions to the B-3
zoning district. The staff would support the proposed text amendment and
would intend to propose that as part of the rewrite of the Kalispell Zoning
Ordinance. 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 since they would like
to initiate construction this spring.
You may recall a previous amendment proposed by the Daily Interlake last
winter which revised the zoning ordinance to allow publishing facilities and
1
offices which was approved by the council. At that time their specific plans
were uncertain and this amendment was not considered concurrently. They
decided to move forward with an additional text amendment since other
amendments to the Kalispell Zoning Ordinance, including the B-3 zoning
district, will not be scheduled for review by the planning board and city
council for several months.
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.
Does the requested zone comply with the Master Plan?
Reduced setbacks within a area an designated for intensive commercial use is
appropriate in order to encourage density, increase flexibility in site design
and to allow a reasonable use of small parcels of land which are present in
many B-3 zoning district. By reducing the setbacks in commercial areas this
has the potential of encouraging greater infill with the district and the
potential for more efficient use of existing commercial lands. 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?
The proposed amendments would not typically have a significant impact on
the types of uses which would be allowed in the B-3 zoning district and would
have a minimal impact on traffic generation, traffic congestion or other
impacts. The changes will not have an impact on traffic congestion.
3. Will the requested zone secure safety from fire, panic, and other dangers?
The proposed amendments would not reduce any security from fire or other
health and safety issues since all commercial buildings would be required to
be constructed according to building code requirements and with the
approval of the fire department. The proposed change to the B-3 zoning
would not compromise the safety and secure from fire or other dangers.
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 efficient use of commercial land resources, concentrating like uses within
established commercial districts and encouraging infill.
5. Will the requested zone provide for adequate light and air?
Light and air between and surrounding buildings would not be significantly
impacted in a manner that would be inconsistent with anticipated
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commercial development which is typically within the urban core of the
community.
6. Will the requested zone prevent the overcrowding of land or undue
concentration of people?
A ten foot setback in commercial districts seems to be a reasonable standard
which would still allow an area for landscaping and storm water runoff
retention and absorption areas around the perimeter of the site. This may
increase the intensity of the land uses within the B-3 district however, this
would not necessarily lead to overcrowding. Overcrowding would occur only
if the infrastructure were inadequate to accommodate the proposed uses.
7. Will the requested zone facilitate the adequate provision of transportation,
water, sewerage schools, parks, and other public requirements?
Public services and facilities are generally available to the community
business districts. The concentration of commercial uses in close proximity
of each other 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?
Encouraging compact commercial growth and infill in existing commercial
areas will provide for a more efficient use of existing commercial land. This 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 amendment.
9. Does the requested zone give reasonable consideration to the character of the
district?
The character of the B-3 zoning district would not be significantly altered
because of the reduced setback requirements. This district anticipates
compact commercial development including retail and general commercial
uses. Dense commercial is encourages as is evidenced by the 7,000 square
foot minimum lot size requirement and the 70 foot wide lot width
requirements. Reducing the setbacks will allow greater flexibility in site
design without compromising the intended character of the district.
10. Will the proposed zone conserve the value of buildings?
The value of buildings in community business districts would be maintained
by encouraging compact commercial development in established commercial
areas. New development and redevelopment on existing commercial furthers
the economic stability of the community and the property values throughout
the city.
3
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
encouraging complementary and compatible uses which will help maintain
property values and provide for economic stability within the community.
The requested changes will encourage the most appropriate use of land
throughout the jurisdiction.
RECOMMENDATION
Staff recommends that the Kalispell City -County Planning Board adopt FRDO staff
report #KZTA-98-2 as findings of fact and, based on these findings, recommend to
the Kalispell City Council the minimum rear yard setback requirement be reduced
from 20 feet to 10 feet in the B-3, Community Business Zoning District.
H: \... \KZTA\98\KZTA98-2
4
MEREDITH CF ARKE &
CONSTRUCTION MEREDITH
COMPANY _J ARCHITECTS
March 20, 1998
Kalispell, Montana
Mz. Narda Wilson, planner
723 51h Ave. E. Rm 414
Kalispell, Montana 59901
Re: Daily Inter Lake Print/publishing building
Request for text amendment change
Dear Mz. Wilson:
APPLICATION MATEMXL
MAR 2 0 1998
may: p,.
.E. R. D. 0.
Per discussion I'm attaching the required application fee of $300 and text
amendment form for the referenced project. This request is to revise the 20' rear
yard setback to a 10' dimension for a B-3 Zone. I understand that Whitefish has
no setback and Columbia Falls has a 15' setback where Kalispell is 20'. A
common dimension for all cities would be adviseable. A 10' dimension would
certainly aid my client in better utilization of this site in Kalispell.
I've not been able to contact the Daily Inter Lake people to see if they wish to
address the "variance" request for the fixed covered marque on the south side of
the building. It is my understanding that a fixed marque would not receive a
favorable review; however a moveable awning style may receive a formal review.
will address this variance request after I've had contact with them.
I do wish to add that your department has been very cooperative in reviewing the
various proposals I've recently submitted. In spite of the recent controversies in
the news your willingness to work with me in this site problem has been most
helpful.
Sincerely,
Ted R. Clarke
CLARKE AND MEREDITH, ARCHITECTS
MEREDITH CONSTRUCTION
trc
P.O. Box 7128 2564 Highway 2 East Kalispell, Montana 59904-0128
(406) 752-4200
Flathead Regional Development Office
723 Sth Ave. East Room 414
Kalispell, MT 59901
Phone: (406)758-5980 Fax: (406)758-5781 NAAV'X
PETITION FOR ZONING AMENDMEN i
FLATHEAD COUNTY MAR 2 0 1998
1. NAME OF APPLICANT: Daily Inter Lake _ mow
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2. MAIL ADDRESS: P.O. Box 7610 -
3. CITY/STATE/ZIP: Kalispell, MT 59904 PHONE: 755-7000
4. INTEREST IN PROPERTY: Placement of new print facility
5. ZONING MAP AMENDMENT: ZONING TEXT AMENDMENT: _
✓i 1 � � � fit.
A. What is the proposed zoning text amendment?
Request change in rear yard set back from 20' to 10'
IF THE REQUEST PERTAINS TO AN AMENDMENT TO THE ZONING MAP,
PLEASE COMPLETE THE FOLLOWING:
A. Address of the property: 731 Fast Washington Street (Corners Sth Ave. E.N. )
B. Legal Description: Tract 22A of S8, T28 R21
(Lot and Block of Subdivision; Tract #)
100' x 142' Lot
(Section, Township, Range) (Attach sheet for metes and bounds)
C. The present zoning of the above property is: B-3
D. The proposed zoning of the above property is: B-3
E. State the changed or changing conditions that make the proposed
amendment necessary:
Allows more building s.f. placement on site.
(Better utilization.)
(Submitted by Clarke & Meredith, Architects for Daily Inter Lake.)
1
HOW WILL THE PROPOSED CHANGE ACCOMPLISH THE INTENT AND PURPOSE
OF:
A. Promoting the Master
Consolidates all B-3 rear yard set backs iinder onp rnmmnn dimpnsi*x-
for application in all cities.
B. Lessening congestion in the streets and providing safe acces
It does not lessen congestion.
C. Promoting safety from fire, panic and other dangers
It does not.
D. Promoting the public interest, health, comfort, convenience, safety and general
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welfare It does not promote health or safety welfare It does promote
public interest, comfort and convenience in that a greater portion of
E. Preventing the overcrowding of land
It does not.
F. Avoiding undue concentration of population
It does not :TH(S (.s 6} J)I�jcr i CT-
G. Facilitating the adequate provision of transportation, water, sewage, schools,
parks and other public facilities
Tt usi 11 nnf _ (,No owpj c,('
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H. Giving reasonable consideration to the character of the district
iIMOSIMUINIMIM W"no •• •-m•- •• Mama
Boundary is zoned B-3.
I. Giving consideration to the peculiar suitability of the property for particular
uses Functional space requirements of the owner needs more
building f . This 10' set hack will n11 nc,adPQjjafP builriincfnnt
print.
J. Protecting and conserving the value of buildings
By reduction of 20' set back to 10' may allow other sites to
increase their foot print and subsequent evaluation increase.
K. Encouraging the most appropriate use of land by assuring orderly growth
Maximizes building s.f. potential and unifies fraZmented and
differing city standards.
The signing of this application signifies approval for F.R.D.O. staff to be present on
the proper for routine onitoring and inspection during approval process.
i
r
(Applicant) (Date)
3
APPLICATION PROCESS
APPLICABLE TO ALL ZONING APPLICATIONS:
A. Pre -Application Meeting:
A discussion with the Planning Director or designated member of staff must
precede filing of this application. Among topics to be discussed are: Master
Plan compatibility with the application, compatibility of proposed zone change
with surrounding zoning classifications, and the application procedure.
B. Completed application form.
C. Application fee per schedule, made payable to the Flathead Regional
Development Office.
Fee Schedule
Zone Change:
Basefee........................................................................$400.00
For first 80 acres of area of the request.................Add $5/acre
For requests for 81 - 160 acres.............................Add $3/acre
For requests covering 161 acres or more...............Add $1 / acre
Amendment to Zoning Text......................................................$300.00
PUD Zoning Review:
Residential....................................................................$400.00
Commercial...................................................................$500.00
MixedUse.....................................................................$650.00
D. The application must be accepted as complete by the FRDO staff thirty (30)
days prior to the date of the meeting at which it will be heard in order that
requirements of state statutes and the zoning regulations may be fulfilled.
APPLICABLE TO APPLICATIONS FOR ZONE CHANGE:
A. Application Contents:
Petition for zone change signed by at least 50% of the property owners in
the area for which the change in zoning classification is sought.
2. A map showing the location and boundaries of the property.
3. A list of the names and mail addresses of all property owners within 150
feet of the subject property as shown on the Assessor's roll.
Example
Assessor's S-T-R Lot/Tract Property Owner
No. No. and Mail Address
4. A title report of the subject property.
51
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HLHSMAN LAND SURVEY 406 857 3563 P.01
DE£CAIPTIONt PARCEL "A"
A tract of land in the 81/2 NWI/4 of Section 8, Township 28 North, Range
West, P.M.,M., Flathead County, Montana, described a$ follows: Commencing a:
the southwest corner of Block B "DUNCAN'S ADDITION to Kalispell", a plattecs
subdivision of Flathead County, said Corner being the TRUE POINT OF ,BE0XNH1:&,'
of the tract of land herein described; thence N13°49100"W along the wesi
boundary of said DUNCAN'S ADDITION 100.00 feet; thence N76111151"E 141.89 fee
to a point on the west right-of-way of a 66 foot road, known as 8th Avenue Ease
North; thence S1305413111E alone said west right -of -may 100.01 feet to its
intersection with the north right-of-way of a 66 foot road, known as Washingtof.
Street; thence 876°12111"W along said north right-of-way 142.05 feet to thk
point of beginning containing 0.326 acre more or less, being subject to ar.:-.
together with all appurtenant easements of record.
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KALISPELL CITY -COUNTY PLANNING BOARD AND ZONING COMMISSION
MINUTES OF MEETING
APRIL 14, 1998
Wildfire Management There was a presentation at 6:00 p.m. by the Department of Natural
Presentation Resources and Conservation regarding wildfire management as it relates
to land use planning issues.
CALL TO ORDER The regularly scheduled meeting of the Kalispell City -County Planning
ANI F ROLL CALL Board and Zoning Commission was called to order at 7:05 p.m. Board
members present were Walter Bahr, Milt Carlson, Jean Johnson, Gregory
Stevens, Rob Heinecke, Dan Dines, Therese Hash; and Don Garberg.
Joe Brenneman arrived at 7:30 p.m. The Flathead Regional
Development Office was represented by Narda Wilson, Senior Planner.
There were approximately eight people in the audience.
APPROVAL OF The minutes of the meeting of March la, 1999, were corrected on page
MM,;UTES 4, to reflect that Carlson said that he "favored consistency with the
County Zoning regulation numbering." The minutes were approved as
corrected on a motion by Carlson, second by Bahr.
IJAILY INTER The first public- hearing was introduced an a request by the Daily
LAKE TEXT Interlake for an amendment to the Kalispell Zoning Ordiance, Section
AMENDMENT/ 27.15.040 f 3 J, Property Development- Standards, Minimum Yards, forthe
SETBACK B-3, Community Business, zoning to reduce the required minimum rear
REQUIREMENTS yard from the current 20, feet to I Or feet.
IN B-3 ZONE
Staff Report Wilson presented staff report #KZTA-98-2, recommending approval of
the requested text amendment.
Public Hearing The public hearing was opened to those in favor- of the request.
In Favor Ron Peterson, Daily Inter Lake, explained their long term plans for the
expansion of the publishing facilities, and that they would prefer to
expand than move the entire operation. The design would reduce the
impacts from headlights shining into the motel units. There are- no noise
impacts, and the building would complement the neighborhood.
Dave Meredith, architect for the project explained how the design would
improve the neighborhood and reduce the headlights shining into the
motel unit.
Kalispell City -County -Planning Board
Minutes of Meeting of April 14, 1998
Page I oft
Into one else spoke either in favor or in opposition: The- public- hearing
was closed and opened to Board discussion.
Board Discussion The B-oard- reviewed- the reason for the initial 20- foot rear setback and
determined it was an oversight in the zoning ordinance. There was
discussion on including -the- other business -zones- in the- text- amendment.
Motion Bahr made the motion to adopt staff report #KZTA-98-2 as findings of
fact and recommend that City Council amend the- Kalispell Zoning
Ordinance to reduce the minimum rear yard setback requirement from 20
feet to NY feet in the B-3; Community Business and the B-2, General
Business zoning districts. Garberg seconded. On a roll call vote, the
motion carried S f7 in favor.
Kalispell City -County Planning Board
Minutes of Meeting of April 14, 1998
Page 2 of 2