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07. Ordinance 1572 - Zoning Text Amendment - Sign Regulations - 1st ReadingCity of Kalispell Planning Department 2"d Strom :fast, Suite 2.11, Kalispell, Montana 5990 Telephone: (406) 751 Fax: (406) 751-1858 We site# kalispellplanning.com REPORT TO: Kalispell Mayor and City Council FROM: P.J. Sorensen, Planner J .James H. Patrick, City Manager SUBJECT: Kalispell Zoning Ordinance Text Amendment - Allow gall signs to extend more than 12 inches from the wall of large buildings [i.e. 200 feet of building frontage or more] and undulating architecture MEETING DATE: April. 3, 2006 BACKGROUND: The Kalispell City Planning Board met on March 14, 2006, and held a public hearing to consider a. request by Red Lion. Hotels Limited Partnersi & GVD Commercial. Properties, Inc., , who is proposing to allow waH signs to extend more than 12 Me es from the wall of a building with 200 feet or more of building frontage and undulating architecture. The proposal would require the signs be parallel to the linear ace of the gall, be attached to all or a. portion of the wall at its outermost Points, and otherwise comply with the sign ordinance. P.J. Sorensen of the Kahspell Planning ng e artr lent, presented staff report KI' -o - evaluating the proposal and recommended approval of the proposal with some minor charges M cording. At the public hearing the applicant spoke in favor of the proposal and supported the staffs recommendation. The board discussed the proposal and the potential related impacts* It was noted that there would lkely be a. limited city-wide impact due to the application of the change t larger bufldings with a certain type of architecture. A motion was made and passed on a unanimous vote to recommend d to the Kalispell City Council that the Kahspe .l Zoning Ordinance be amended as Proposed with the changes in wording recommended by staff". REC AD[ENA' ' N: A motion to adopt the first reading of the ordinance to amend the Kalispell Zom*ng Ordinance as recommended by the planning board would be M order FISCAL EFFECTS: Minor positive ftnP acts once fully developed. ALTERNATIVES: As suggested by the City Council. Roger Olson Annexation Page 2 Respectfully submitted, P.J. Sorensen ' ... A... � k Planner II City Manager Deport compiled: March 15, 2006 C OP Theresa White, Kahspell City Clerk ORDINANCE 1572 AN ORDINANCE AMENDING THE KALISPELL ZONING ORDINANCE (ORDINANCE No. 1 � BY AMENDING SECTION 7i i 2 , WALL SIGNS, AND DECLARING AN EFFECTIVE DATE. WHEREAS,, Red Lion Hotels has submitted a written request to amend the Kalispell Zoning Ordinance, by amending Section 27.24.080(2), Wall Signs, and WHEREAS, the request was forwarded to the Kalispell City P anD.ing Board and Zoning Conuuission by the Kalispell Planning Department after having been evacuated under 27.30.020, 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 amending section 7.24. 2 , Wall Signs, 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 K-Z`A- -1 as the Findings of Pact appheable to this Ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISP LL AS FOLLOWS: SECTION 1. The City of Kalispell Zoning Ordinance, Ordinance No. 1460, is hereby amended by adding a new section to 27.24.080(2), Wall Signs, as follows: .. Wall Signs (d) n buildings with a building frontage of 200 Feet or more along a single street and undulating architecture, signs which are attached to all or a portion of the wall of the building are not subject to the 12 inch or less extension requirements provided the signs are parallel to the linear face o the building, attached to all or a portion of the building wall at its outermost points, and comply with all other provisions related to wall signage. SECTION II. All parts and portions of Ordinance No. 1460 not amended hereby remain unchanged. S CT'.I N I.II. This Ordinance shall tale effect thirty 30 days after its final passage, PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY P KAL SPELL THIS 3RD DAY OF APRIL, 2006. ATTEST Theresa White City Clerk Pamela B. Kennedy Mayor City of Kalispell Planning Department "d Strc- t East, Suits 1 1, Kalispell. Montana 59901 Telephone: (406) 751-1850 Fax: (406) 751-1858 March 23, 2006 James H. Patrick, City Manager City of Kalispell P*. Box 17 Kalispell, MT 59903 Re Kalispell Zomffig Ordinance Text Amendment - Allow wall signs to extend more than 12 inches from the wall of large buildings [i.e. 200 feet of buildingfrontage tage r more] and undulating architecture .re Dear Jim "' Kalispell Cityr�. lar��ng Board met on March 14, 2006, and held a public hearing t c r *der a request Red Lion Motels Limited Partnership & GV Commercial Properties, Inc,, who is proposing to allow wall signs to extend more than 12 inches from the wall of a building with. 200 feet or more of building frontage and undulating architecture, The proposal would require the signs be paranel to the B ear face of the gall., be attached to all or a portion of the wall at its outermost points, and otherwise comply with the sign. ordinance. P.J. Sorensen of the Kahs ell Planning Department, presented staff report KZTA - -1 evaluating the proposal and recommended approval f the proposal with some minor changes in wording. At the public .caring the applicant spoke in favor of the proposal and supported the stars recommendation. The board discussed the proposal and the potential related impacts. It was noted that there would Likely be a limited city-wide impact due to the application f the change t large' buildings with a. certain type of architecture. A motion n was made and passed on a unanimous vote to recommend to the Kalispell City Council that the l al.is eR Zoning Ordinance be amended as proposed with the changes in wording recommended by staff. Please schedule this matter r for the April 3, 2006, 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. Zoning Ordinance Text Amendment — Wall Signs Mach 23, 2006 Page 2 Sincerely, Kalispell City Planmng Boar. Timothy Norton Vice President N S .tea Attach-mr ts: Staff report KZT- -1 and application materials Draft mutes 3 1 planning board meeting e w/ Att: Theresa ate, Kalispell Cif Clerk e w/o Att: Red Lion Hotels Limited Partnership & GVD Commercial Properties, Inc., 201 West Now River Ste 100, Spokane, WA 99201 � LION HOTELS PARTNERSHIIP & GVD C�RCUL PROPERTIES, INC. KALISPELL PLANNING DEPARTMENT STAFF REPORT #KZTA-06-1 MARCH 14., 2006 report to the Kalispell City Planning Board and the l ahs eH City council .regar ding a request for a text amendment to the Kalispell Zoning Ordinance. A public hearing has been scheduled before the planning board for March 14, 2006 being at :00 p.m. in the Kalispell City Council Chambers. The plannmg boardwill forward a recommendation to the Kalispell City Council for final action. BACKGROUND ENFRMAN Red Lion Hotels Limited Partnership & GVD Commercial Properties, Inc., is proposing an amendment to the l a.lis ef. Zoning Ordinance that addresses an amendment to the sign chapter of the ordinance. The proposal would clarify the application of the wall sign provisions as they relate to large buildings i.e. Zoo feet or more of building frontage) . A# Petitioner: RED LION HOTELS DYED PARTNERSHEP & GVD C MMERCUL PROPERTIES, INC, 201 Vest North River er rive Spokane, WA (509) 5-6110 B. Area Effected by the Proposed Changes: The proposal would apply throughout out the city, but mold primarily irnact lamer commercial developments ments in business zones. Proposed Amen . s: The applicants are proposing the followm' g. "On buildings With a frontage of 200 Feet or more and undulating architecture, signs which are attached to all or a portion of the wall of the building are not subject to the 12 inch or less extension requirements provided the signs are parallel to the linear face of the building and attached to all or a portion of the building gall at its outermost points," Staff Discussion: Under the current ordinance, a waU sign is defined as a. sign attached parallel to and extending not more than 1.2 inches from the wall of a. building," Sec. 27.37.101(248). Kalispell Center Mall has proposed a sign structure which would extend along the majority of the south face of the building. Due to the undulating architecture of the mall's wall, the structure would touch the building at certain points, but the sign would primarily be located more than 12 inches from the building ding wall, and most of the sign would extend anywhere from a. fear feet to 8-feet or more. The proposal intends to address larger scale buildings, such as the rnaU, that have utilized something other than a long, flat wall for architectural appeal. "'rorn a general policy perspective, the City would encourage an architectural appearance other than a flat wall for buildings of this scale. Essentially, the proposal calls for using a fictional straight wall line on which a wall sign can he mounted, rangier than following the actual wall line which may dip and curve as Page IL of 33 part of the architectural appeal. The proposal would seem to be a reasonable balance that recogmzes some of the unique challenges faced by larger scale projects- With a. few changes to the wording as d.etail.ed below, staff supports the proposal. EVALUATION BASED ON STATUTORY CRITERIA The statutory basis for reviewing a change in zoning is set fort.. by -2-20, M.C.A. Findings of Fact for the zone change request are discussed relative to the itemized criteria described by -2-2 3, M. C.A. I. Does the requested zone cow nth the growth olic 2. 3. 0 31 The groom policy encourages appropriate commercial development, particularly in the downtown area. The proposal would be consistent with that o al . Is the reguested zone d.esi ed to lessen congestion in the street The proposed amendment would not typically have a significant inipact on traffic congestion in the streets, but may allow easier identification of businesses from the street. WiH the re nested zone secure safe from fire panic, and. other dangers? The proposed amendment would not reduce any security from fire or other health and safety issues. There would be no com ror se with regard to public safety. Will the re nested change.... ote the health and generalwelfare? The proposal would have little impact on the health and general welfare of the conunurnty. WiH the requested zone provide for adeguate light and air Light and a r 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 va 'o s zoning districts. Will the re nested zone j2revent the overcrowding,of land or undue concentration of 1e The proposed change would not increase the intensity of uses currently allowed within the zoning districts. Will the requested zone facilitate the adequate provision of transportation, water. se rera. e# schools., a.r s, and. other iio re .firer eats The amendment would not impact the availability of public services. Page 2 o a 10, PJS Does the reguested zone consideration to the 12articular suitability of the proptLty..for particular uses? The proposal is focused on farFge buildings in commercial areas_ In that context, the requested change is intended to account for the unique challenges faced in the design of larger buildings. Does the requested zone 've reasonable consideration to the character- of the district The primary impact of the proposal would be in commercial zones, and the proposal would not have any substantial impact on the character of those districts. PP Will the pro osed zone conserve the value of buildin s The amendments will conserve the value of buildings by a .ow g more flexibility of design, particularly Mn redevelopment and remodeling projects. Will the requested zone encourage the most a ropriate use of the land throughout the iurisdictionP The proposal encourages architecturally interesting features of building design by preventing the unintentional discouragement of the use of undulating waUs on large scale buildings. If developers are forced to design the wall line in such a manner as to allow for a. larger waU sign (keeping in scale with building size), thieve would be a tendency to utilize flat walls in the over-all design of the building. RMCOAMENDATION Staff recommends that the Kakis ell City Planning Board adopt the findings m staff report KZTA-06-1 and recommend to the Kal.s ell City Council the approval of the following to be added as Section 27.24.080(2)(d), with changes to the proposed language as highlighted: "On buildings with a building frontage of Zoo feet or more along a single street and undulating architecture, signs which are attached to all or a portion of the wall of the building are not subject to the 12 inch or foss extension requirements provided the signs are parallel to the linear face of the building a&i4 , attached to all or a. portion of the building wall at its outermost points, and comply with all other provisions related to moral, i a e. Page 3 of 3 City of Kalispell Planning Department 1' w- 2nd Street East, Suite 211, Kalispell, Montana 'telephone:751-1850 Fax:751-1858 PETN FOR ZONING TEXT AMENMom'' NAME OF APICAN- h. { CITYSTEZ[, LHL �. ,��,`� ��� Ham+. WHIT iS THE PROPOSED ZONING TEXT AME31TDl t'T? � S � ��SE INTENT THE RP'SM TEXT PAR=? HOB'` WML THE PROPOSED AGE ACCOMPLISH THE SENT A ': A� Promoting the Groff Policy B. Lessening congestion in the streets and providing safe access C. Promoting safety from fire, panic and other dangers D. Promoting the public interest, health, comfort, convenience, safety and general welfare E. Preventing the overcrowding of land F. Avoiding undue concentration of population G. Facflitating the adequate provision of transportation, water,, sewage, schools, parks, and other p b c facilities H. Giving reasonable cc i l ra c to the character of the district I. Giving consideration to the peculiar suitability f the property for particular uses 2 City of Kalispell Planning rtn nt PETITION FOR ZONING TEXT AMENDMENT Name of Applicant: Red Lion. Hotels Limited Partnership and GVD Commercial Properties, Inc. as "tenants In Common Mailing Address: c/o G&B Real Estate Services ATTN: David Peterson 1 West North River Drive, Suite 100 City/State/Zip; Spokane, Washington 99201 Phone: --- 113 vim' IS THE PROPOSED ZONING TEXT AMENDMENT? On bull din with a ro to of feet aid nd atir ar lit at re sigqs which are attached to all or a all of the buildinE are not s bito the 12 inch or less extension requirements provided ched to all or a portion of the buildin2 wall at its outermost ints . WHAT IS THE PURPOSE OR INTENT OF THE PROPOSED TEXT AMENDMENT? To l ar multi -business ro to rovide identification of those elements with to e identified allow a from the adaert 1 cet. HOW WILL THE PROPOSED CHANGE ACCOMPLISH THE INTENT AND PURPOSE A. Promoting the growth Policy- Allowin.� business to be reca n'zed in and identified with the business district. B. Le sing congestion in the streets and providing safe access identification of businesses within a iven section of town. Thepublic can. locate and proceed to a business with assurance of the destination. C. Promoting safety from fire, panic and ether dangers NA D. Promoting the public interest, health,, comfort, convenience, safety and general welfare NA E. Preventing the overcrowding of land: IAA F. Avoiding undue o centratio of popul a.tiow- NA. G. 'aci itating the adequate provision of transportation., water, sewage, schools, parks, and other public facilities: NA H. Giving reasonable consideration, to the character of the district Siae that were to follow.. the nd lath farms of a nildin rnav of e isihle and on lste t with a sa thro b the district making identification difficult. 1. Giving consideration to the peculiar suitability of the property for particular uses; Large 1ti-. xse ter ar t st tic a their is a1 Bassin by formingfacades made of many planes and soles. where the used fa ade is notarallel to the street a uniting forrn rn.a h used to tie the elements to ether for identification. Protecting and conscr in the value of h iA. signacI" re system. that is uniform and care le xxent �e b ildina form makes w. the total coie is a .l coin fete. K. Encouraging the most appropriate use of land by assuring orderly growth. NA Not 10278 NOTICE OF PUBLIC Al KAOSPELL CITY LAiiG BOARD AND ZONING COMMISSION March 14, 2006 The regular meeting of the Kalispell City Plan- ning Board and Zoning Commission is sched- uled for Tuesday, lurch 1} 2006 beginning at 7:00 PM in the Kalispeil City Council Chambers, Kalispell City Hail, 312 First Avenue-East,Ka- lispell. The planning 'board will hold a public hearing and take public comments on the foilow- ing agenda items. The Bard will make a rec- ommendation to the Ka- lispell pell City Council who will take final action. 1. A request by Paul and Mary Husted for preiiminary plat appro- val of a two lot subdivi- sion called the Re -sub- division of Lot 7A of Lot of Western Acres. The property contains .8 acres of land and each lot is proposed to con - tin .14 acres .1 square feet). The site is located at 1515 Western Drive in the southwest- ern corner of Kalispell. The site is described a Lot 7A in the SW 1/4 of Section 18, Township 28 North, Range 21 West, PMM Flathead County Montana. The property is zoned R- wo family lies€denti i and does allow single family and duplex hous- es on a single tract of land. . A request by the Kalispell City Airport Af- fected Area Board on behalf of the City of Ka- lipeil and the Flathead County Commissioners to adopt a set of regula- tions entitled the Kalis- pell City Airport Affected Area ordinance. The purpose of the ordi- nance is to protect the airspace around the city airport (10,000 feet from either and of the runwav and one mile wide each side) by re uia1,, ­ ,:°: the helgrit of strut"u_ ana objects of att;i- l, growth in this area_ =V way of example, those lards outside the City owned airpor property, the prima,.' structures of height con - ern mll be towers oeil *o +ers. elevated water towers, TV and radio transmission towers) which tend to impact air travel corridors, The or- inance is also intended *o serve: notice to the $general public that an �.iroort is (jperatinq with- .. ,I fhi -7r�rLd= r)r# Tr r;n property within the air- port affected area shall be ac o panied with notice to the buyer of the incidence of noise, fumes, vibration} light and other effects f ro rn normal and anticipated airport operations. , A request by WCH 805, LLC to the amend Section ..08( of the Kalispell ZoningOr- dinance Sign Code. The amendment is in- tended to give relief to the definition of wali signs that are placed on larger buildings (in ex- cess of 200 feet Of frOnt- ae) which have undu- lating (varied wall) archi- tecture which is 'typical with larger facade build- ings where wall faces are varied in relief to provide better architec- ture. The current text requires wall signs to be placed flat or within 12 inches of the wail on which it is placed_ The amendment would allow wall signs to be attach- ed to and be placedpar- allel to the wall but not hold to the minimum 1 inch rule if the wall ar- chitecture varied over the length of the sign. Documents pertaining to these agenda iterns are on file for public in- spection at the Kalispell Planning Department, 17 Second Street East, Suite 211, ialispeil, MT 01, and areavaila- ble for public review during regular office hours. interested persons are encouraged to attend the hearing and make their views and con- cerns known to the Board. Written com- ments may be submit- ted to the KalispellPlan- ning Department at the above. address, prier to It -he date of the hearing, or you may contact Tom ent# Planning Director at () 7 1-1880 or e- mail hirn at tientz @ kalis- peli. om for additional information . :'sfThornas R. Jentz rarryy .YJen._7 _or..L--ary,26, 2006 STATE OF MO TANA FLATHEAD COUNTY AFFIDAVIT OF PUBLICATION COSINE SCUHESS BEING DAY SWORN, DEPOSES AND SAYS: THAT SHE IS THE LEGAL CLERK OF THE DAILY INTER. LAKE A DAILY I EWS APER OF GENERAL CIRCULATION,, PRiNTED AND PUBLISHED IN THE CITY OF KAS, IN THE COUNTY OF FLATHEAD, STATE OF M NTANA, AND THAT NO, 10278 LEGAL ADVERTISMENT WAS PRINTED AND PUBLISHED IN THE REGULAR AND ENTIRE ISSUE OF SAID PAPER, AND IN EACH AND EVERY COPY THEREOF ON TBE DATES OF FEB26, 2006 AND THE RATE CHARGED FOR i'HE ABOVE PRINTING DOES NOT EXCEED THE MINIMUM GOING RATE CHARGED TO ANY OTHER ADVERTISER FOR THE SAME PUBLICATION, SET PST THE SAME SIZE TYPE AND PUBLISHED FOR THE SAME NUMBER OF INSERTIONS. Subscribed and sworn to Before me this AD FEB29 2006 Notary Flublic for the State of Montana Rfg in Kalispell my Commission. expires9/11/09