11. Ordinance 1614 - Zoning Text Amendment - I-1 Zoning DistrictCity of Kalispell
Planning Department
17 -- 2M Street east, Suite 211, Kalispell, Montana. 59901
Telephone: (406) 751 -1. 850
Fax: (406) 751--1 S58
wehsite.- kalispellplanning.com"
REPORT TO: Kalispell Mayor and City Council
FROAL P.J. Sorensen, Planner II
James H. Patrick, City Manager
SUBJECT: Kalispell Zoning Ordinance Text Amendment - allow "Technology -
Research, Design, Engineering, and Telecommunication Facilities"
as a permitted use in the I-1 (Light Industrial) zone
MEETING DATE: June 4, 2007
BACKGROUND: The Kalispell City Planning Board met on May S, 2007, and held a
public hearing to consider a request by the City of Kalispell. The proposal is to allow
"Technology - Research, Design, Engineering, and Telecommunication Facilities" as a
permitted use in the 1-1 (Light Industrial) zone.
P.J. Sorensen of the Kalispell Planning Department, presented staff report #KZTA-07-2
evaluating the proposal and recommended approval of the proposal. There were no
comments received at the public hearing.
The board discussed the proposal and the potential related impacts. A motion was
made and passed on a 3-2 vote to recommend to the Kalispell City Council that the
Kalispell Zoning ordinance be amended as proposed.
RECONMMNDATIGN: A motion to adopt the first reading of the ordinance to amend
the Kalispell Zoning Ordinance as recommended by the planning board would be in
order.
FISCAL EFFECTS: Positive impacts are anticipated from providing technology -based
industries a potential location within light -industrial areas.
ALTERNATIVES: As suggested by the City Council.
Respectfully submitted,
i-
.J. Sorensen �es.Patrick
Planner II City Manager
Report compiled: May 11, 2007
Cc: Theresa white, Kalispell City Clerk
ORDINANCE NO. 1614
AN ORDINANCE AMENDING THE KALISPELL ZONING ORDINANCE (ORDINANCE NO.
1460)9 BY AMENDING SECTION 27.1 S.020 To ALLOW "TECHNOLOGY — RESEARCH, DESIGN,
ENGINEERING AND TELECOMMUNICATION FACILITIES" AS A PERMITTED USE IN THE I-
1, LIGHT INDUSTRIAL ZONING DISTRICT AND DECLARING AN EFFECTIVE DATE.
WHEREAS, the City of Kalispell petitioned to amend the Kalispell Zoning ordinance, by allowing
"Technology — Research, Design, Engineering and Telecommunication Facilities" as a
permitted use in the I-1, Light Industrial Business District, and
WHEREAS, the request was forwarded to the Kalispell City Planning Board and Zoning Commission by
the Kalispell Planning Department after having been evaluated under 27.14.030, Kalispell
Zoning ordinance, and
WHEREAS, the Kalispell City Planning Board and Zoning Commission recommended that the text of the
Kalispell Zoning ordinance be amended by allowing "Technology — Research, Design,
Engineering and Telecommunication Facilities" as a permitted use in the I-1, Light Industrial
Business District, and
WHEREAS, the City Council has reviewed the KPD Report and the transmittal from the Kalispell City
Planning Board and Zoning Commission and hereby adopts the findings made in Report
#KZTA-07-2 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:
SECTION I. The City of Kalispell Zoning ordinance, ordinance No. 1460, is hereby amended by
allowing "Technology — Research, Design, Engineering and Telecommunication
Facilities" as a permitted use in the I-1, Light Industrial Business District.
SECTION II. All parts and portions of Ordinance No. 1460 not amended hereby remain
unchanged.
SECTION III. This Ordinance shall take effect thirty (30) days after its final passage.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR of THE CITY
OF KALISPELL THIS 18TH DAY OF JUKE, 2007.
Pamela B. Kennedy
Mayor
FAQ 8-06W
Theresa white
City Clerk
City of Kalispell
Planning Department
1.7 - 2"d Street East, Suite 211, Kalispell, Montana 59901
Telephone: (406) 751-1850
Fax: (406) 751-1858
Website: kalispellplanning.cam
May 24, 2007
James H. Patrick, City Manager
City of Kalispell
P.O. Box 1997
Kalispell, MT 59903
Re: Kalispell Zoning Ordinance Text Amendment - allow "Technology - Research,
Design, Engineering, and Telecommunication Facilities" as a permitted use in
the 1-1 (Light Industrial) zone
Dear Jim:
The Kalispell City Planning Board met on May 8, 2007, and held a public hearing to
consider a request by the City of Kalispell. The proposal is to allow "Technology --
Research, Design, Engineering, and Telecommunication Facilities" as a permitted use
in the I-1 (Light Industrial) zone.
P.J. Sorensen of the Kalispell Planning Department, presented staff report #KZTA-07-2
evaluating the proposal and recommended approval of the proposal. There were no
comments received at the public hearing.
The board discussed the proposal and the potential related impacts. A motion was
made and passed on a 3-2 vote to recommend to the Kalispell city Council that the
Kalispell Zoning Ordinance be amended as proposed.
Please schedule this matter for the June 4, 2007, regular Kalispell City Council
meeting. You may contact this board or P.J. Sorensen at the Kalispell Planning
Department if you have any questions regarding this matter.
Sincerely,
Kalispell City Planning Board
Timothy Norton
President
TN/PJS/ma
Zoning Ordinance Text Amendment — Technology/1- I zone
May 24, 2007
Page 2
Attachments: Staff report #KZTA-07-2 and application materials
Draft minutes 5/08/07 planning board meeting
e w/ Att: Theresa White, Kalispell City Clerk
CITY OF KALISPELL
KALISPELL PLANNING DEPARTEAWNT
STAFF REPORT #KZTA-0 7-2
WAY 89 2007
This is a report to the Kalispell City Planning Board and the Kalispell City Council
regarding a request for a text amendment to the Kalispell Zoning Ordinance to
address certain uses in the I-1 (Light Industrial) zone. A public hearing has been
scheduled before the planning board for May S, 2007, beginning at 7:00 PM in the
Kalispell City Council chambers. The planning i n g board will forward a recommendation
to the Kalispell City Council for final action
BACKGROUND INFORMATION
The light industrial zones within the city are promoted as prune locations for new
industry, particularly high technology uses. This is evident in the recent annexation
and development of Old School Station. Staff has begun the process of updating the
current city zoning ordinance and became aware of the fact that technology uses are
not clearly provided for in the current I-1 zoning text. This issue most recently came
to light when an engineering and design company requested to locate within an I-1
area. Instead of waiting for the next 12 months to address the full zoning ordinance,
staff is recommending that we move ahead to address this specific issue within the
zoning ordinance text so that this and other technology based uses do not get caught
in a significantly gray area or interpretation.
A. Petitioner: City of Kalispell
P.O. Box 1997
Kalispell, MT 59903
(406) 755-7701
B, Area Effected by the Proposed Changes: The proposed changes would affect
all I- 1 (Light Industrial) property within the City's jurisdiction.
C. Proposed Amendment: This is a proposal to amend Sections 27.1 S. 020 of the
Kalispell Zoning Ordinance. The amendment would allow "Technology --
Research, Design, Engineering, and Telecommunication Facilities" as a
permitted use in the I-1 (Light Industrial) zone
Staff Discussion: The I-1 zone was originally created to provide an area for lower
impact industrial/ manufacturing/ processing uses which did not create excessive
noise, smoke, odors, etc. Newer technology -based uses are certainly within the scope
of the intent of the ordinance, but have not been previously included as permitted
uses largely because today's technology did not exist when the ordinance was written.
Occasional reviews and updates to our ordinance are appropriate steps for the City to
tale in order to more accurately reflect today's economy. This amendment would
allow for research facilities, data farms, engineering and design offices, and other
technology -based companies which do not fit within the traditional definition of
"industry."
Page 1 of 3
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 70-2--203, M.C.A.
1. Does the re nested zone com-ply with the growth poh ?
The Kalispell Growth Policy recognizes that "As technology changes, there is
less demand for traditional industrial sites and a greater need for areas with
full urban services." Kalispell Growth Policy, page 14. In particular, "Nigh
tech industrial business [is] . . . encouraged to locate within either the
commercial and/or industrial areas of the growth policy area, creating a mix
of compatible and complementary uses." Page 15
2. Is the requested zone desijgned to lessen congestion in the streets?
The proposed amendment would have minimal impact on transportation.
3. Will the requested zone secure safety from fire, panic, and other daneg rs?
The amendment would not reduce any safety provisions for fire or other health
and safety issues. The city would still be in a position through building code
enforcement and the development standards within the zoning ordinance to
mitigate any negative impacts.
4. will the requested change romote the health and eneral welfare?
The general health and welfare of the public will be maintained if the proposed
amendment is approved by providing a place for compatible technology based
uses to occur within the city.
5 . Will the re uested zone provide for adequate li ht and airP
Light and air between and surrounding buildings would not be altered or
impacted by the proposed change. These issues would be addressed through
the development standards of the various districts that deal with lot size,
setbacks, building height and the types of uses allowed within the various
zoning districts.
6. Will the requested zone revent the overcrowding of land or undue
concentration of people?
The proposed amendment would not substantially increase the intensity of
uses currently allowed within the zoning district.
7. will the requested zone facilitate the adequate rovision of transportation,
water, sewerage-, schools-arl s and other public requirements?
Page 2 of 3
The amendment would not directly impact the availability of public services.
8. Does the re nested zone give consideration to the articular suitabilily of the
property for particular uses?
The proposed text amendment would encourage technology -based businesses
to locate in the I- I, which is a stated goal of the growth policy. Areas currently
designated as I-1 are suitable for this type of use.
3. Does the requested zone give reasonable consideration to the character of the
district?
The proposed amendment gives reasonable consideration to the character of
the 1-1 zone, which provides for low impact industrial uses and promotes a
wider variety of compatible uses.
10. Will the proosed zone conserve the value of buildings?
The proposal will conserve the value of buildings by allowing their possible re-
use as technology -based businesses.
11. Will the requested zone encoura e the most appropriate use of the land
throughout the jurisdiction.?
The proposed amendment is an attempt to better reflect the type of uses which
fit within the scope of "light industrial" in today's economy, and allow those
uses in areas of the City which have traditionally been industrial.
RECDMMENDATION
Staff recommends that the Kalispell City Planning Board adopt the findings in staff
report KZTA-07-2 and recommend to the Kalispell City Council that Section
27.18.020 of the Kalispell Zoning Ordinance be amended to allow "Technology -
Research, Design, Engineering, and Telecommunication Facilities" as a permitted use
in the I-1 (Light Industrial) zone.
PS
Page 3 of 3
NOTICE OF PUBLIC HEARING
KALISPELL CITY PLANNING BOARD AND ZONING COMMISSION
MAY S, 2007
The regular meeting of the Kalispell City Planning Board and Zoning Commission is
scheduled for Tuesday, May S. 2007 beginning at 7:00 PM in the Kalispell City
Council Chambers, Kalispell City Hall, 312 First Avenue East, Kalispell. The planning
board will hold a public hearing and take public comments on the following agenda
item. The Board will mare a recommendation to the Kalispell City Council who will
tape final action.
1. A request by the city of Kalispell to amend Section 27.18.020 of the Kalispell
Zoning Ordinance. The amendment is intended to allow "Technology -
Research, Design, Engineering, and Telecommunication Facilities" as a
permitted use in the I-1 (Light Industrial) zone.
2. A request from the Somers Land Company for annexation, initial zoning and
preliminary plat approval of Ashley Park, Phase 9 on approximately 8.8 acres.
The owner is requesting annexation into the City of Kalispell with the R-4 (Two
Family Residential.) zoning district. The owner is also requesting a preliminary
plat to create 34 lots (10 single family and 24 townhouse lots) ranging in size
from 4,910 square feet to 17,211 square feet. The property is currently zoned
County R-4 and is located on the south end of Pintail Drive, immediately south
Ashley Park subdivision phase 7. The property can be legally described as a
portion of Tract 4, located in the SW 1/4 and SE 1/4 of Section 19, Township 28
North, Range 21 west.
Documents pertaining to the agenda items are on file for public inspection at the
Kalispell. Planning Department, 17 Second Street East, Suite 211, Kalispell, MT 59901,
and are available for public review during regular office hours.
Interested persons are encouraged to attend the hearing and make their views and
concerns known to the Board. written comments may be submitted to the Kalispell
Planning Department at the above address, prior to the date of the hearing, or you may
call us at (406) 751-1850, or e-mail us at planning&kalis ll.com for additional
information.
1 s,1 Thomas R. Jentz
Thomas R. Jentz
Planning Director
No. 11780
Docum. among..
NOTICE OF PUBLIC
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STATE OF M ONTANA.
MAY 8,007
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The regular meeting of
FLATHEAD COUNTY
The Kalispell City Plan-
rtf"n Board and Zoning
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KALISPELL IN THE COUNTY
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STATE OF MONTANA, AND THAT NO, 11750
1. A request by the
City of Kalispell to
amend Section
27.18.020 of the Kalis-
Tell Zoning Ordinance.
he amendment is in-
tended to allow "Tech-
nology - Research, De-
sign, Engineering, and
1`e#ecommunication Fa-
cilities" as a permitted
use in the 1-1 (Light In-
dusthai) zone.
2. A request from the
Somers Land Company
for annexation, initial
zoning and preliminary
plat approval of Ashley
Park, Phase 9 on ap-
�roximately 8.8 acres.
e owner is requesting
annexation into the City
of Kalispell with the R-4
(Two Family Residen-
ba#) zoning district. The
owner is also requesting
a preliminary plat to cre-
ate 34 lots (10 single
family and 24 town-
house lots) ranging in
size from 4,910 square
feet to 17,211 square,
feet. -i-he property is
currently zoned County
R-4 and is located on
the south end of Pintail
Drive, immediately
south Ashley Park sub-
division phase 7. The
property can be legally
described as a portion
of Tract 4, located in the
SW 1 /4 and SE 114 of
Seee,tion 19, Township
28 North, Range 21
.�v,-ZT.
LEGAL ADVERTISMENT WAS
PRINTED AND PUBLISHED IN THE REGULAR AND
ENTIRE ISSUE OF SAID PAPER, AND IN EACH AND
EVERY COPY THEREOF ON THE DATES OF
APR 22, 2007
AND THE RATE CHARGED FOR THE ABOVE
PRINTING DOES NOT EXCEED THE MINIMUM
GOING RATE CHARGER TO ANY OTHER
ADVERTISER FOR THE SAME PUBLICATION,
SET IN THE SAME SIZE TYPE AND PUBLISHED
FOR THE SAME NUMBER OF INSERTIONS.
Subscribed and sworn to
1'
Before me this APRIL 23, 260 `k
Yy —
-
Dorothy Glen ss
Notary Public for the State of Montana
Residing in Kalispell
My Commission expires 9111 /09