Loading...
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 PA 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 c a 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 YCN� GFt-pN6�� 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,(' 2 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.....................................................................$650.00 D. The application must be accepted as complete by the FRDO staff thirty (30) days prior to the date of the meeting at which it will be heard in order that requirements of state statutes and the zoning regulations may be fulfilled. APPLICABLE TO APPLICATIONS FOR ZONE CHANGE: A. Application Contents: Petition for zone change signed by at least 50% of the property owners in the area for which the change in zoning classification is sought. 2. A map showing the location and boundaries of the property. 3. A list of the names and mail addresses of all property owners within 150 feet of the subject property as shown on the Assessor's roll. Example Assessor's S-T-R Lot/Tract Property Owner No. No. and Mail Address 4. A title report of the subject property. 51 �.. � co 9 olf'ol HERSMAN LAND SURVEY SWV4 NWV4 14 0.2 142,05* / r 70 STS 406 857 3563 P.02 t a 1 . cn m w m C'stD c� r w a tA \ opow w�[3 G {-2�4 1 33 4��\\ l - t1 104 HLHSMAN LAND SURVEY 406 857 3563 P.01 DE£CAIPTIONt PARCEL "A" A tract of land in the 81/2 NWI/4 of Section 8, Township 28 North, Range West, P.M.,M., Flathead County, Montana, described a$ 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. sz f we cc m x 1� �� 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