11. Ordinance 1532 - Text Amendment - 1st ReadingTri-City Planning Office
17 Second Street East— Suite 211
Kalispell, Montana 59901
Phone: (406) 751-1850
Fax: (406) 751-1858
tricity*,centurytel.net
www.trieityplanning-mt.com
REPORT TO: Kalispell Mayor and City Council
FROM: Narda A. Wilson, Senior Planner
James H. Patrick, City Manager
SUBJECT Kalispell Zoning Ordinance Text Amendment -- Allow HVAC in the B-3,
Community Business Zoning District
MEETING DATE: .April 4, 2005
BACKGROUND: This is a request by Yaxuus Properties, LLC who are proposing to include
HVAC in the B-3, Community Business, zoning district as a permitted use. HVAC is listed
as a permitted use in the B-2, General Business, the B-5, Industrial Commercial, and the I-
1, Light Industrial, zoning districts and is listed as "Heating, ventilation, air conditioning
sheet metal shops, sales and service." The amendment proposed for HVAC in the B-3,
Community Business, zoning district would be HVAC retail sales and service and would
not include the sheet metal shop component.
The Kalispell Planning Board held a public hearing on March 8, 2005. Staff noted that this
appears to be an appropriate use when considering some of the other uses allowed in the
B-3 zoning district such as auto repair shops (no body shops), glaziers, furriers, janitorial
supplies, services and contracting. It is noted here that the highest impact related to this
txm,- of i P char f motnl s-hnn not hf-pn nrnnncPd nc mart of fhic ami- nr?tnant
but rather simply the sales and service component. At the public hearing the applicant
spoke in favor of the proposal and explained the need for the change citing the purchase of
a building in the B-3 zoning district.
The board discussed the issues related to the impacts to the district. A motion was made
and passed on a unanimous vote to recommend to the Kalispell City Council that the
Kalispell Zoning Ordinance be amended to allow HVAC excluding sheet metal work in the
B-3, Community Business, zoning district.
RECOMMENDATION: 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: Minor positive impacts once fully developed.
ALTERNATIVES: As suggested by the city council.
Respectfully submitted,
Narda A. Wilson, James M. a rick
Senior Planner City Manager
Providing Community Planning Assistance To:
• City of Kalispell • City of Whitefish • City of Columbia falls •
Airworks Kalispell. Zoning Ordinance Text Amendment
March 22, 2005
Page 2
Report compiled: March 22, 2005
c: Theresa White, Kalispell City Clerk
Attachments: Transmittal letter
Staff report KZTA-05-2 and application materials
Draft minutes from 3/8/05 planning board meeting
TRANSMIT/KALISPELL/ 2005KZTA-0502 MEMO. DO
ORDINANCE NO. 1532
AN ORDINANCE AMENDING THE KALISPELL ZONING ORDINANCE (ORDINANCE
NO. 1460), BY AMENDING THE B-3, COMMUNITY BUSINESS DISTRICT, TO ALLOW
HEATING, VENTILATION, AND AIR CONDITIONING (HVAC) RETAIL SALES AND
SERVICE AS A PERMITTED USE AND DECLARING AN EFFECTIVE DATE.
WHEREAS, Yarns Properties, LLC, has submitted a written request to amend the Kalispell
Zoning Ordinance, by allowing Heating, Ventilation, and Air Conditioning (HVAC)
retail sales and service in the B-3, Community Business District, and
WHEREAS, the request was forwarded to the Kalispell City Planning Board and Zoning
Commission by the Tri-City Planning Office 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 HVAC retail sales
and service, but excluding sheet metal work, as a permitted use in the B-3,
Community Business District, and
WHEREAS, the City Council has reviewed the TCPO Report and the transmittal from the
Kalispell City Planning Board and Zoning Commission and hereby adopts the
findings made in Report #KZTA-05-2 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 HVAC sales and service, but excluding sheet metal
work, as a permitted use in the B-3, Community Business District.
SECTION It. All parts and portions of Ordinance No. 1460 not amended hereby remain
unchanged.
SECTION 111. 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 APRIL, 2005,
Pamela B. Kennedy
Mayor
ATTEST:
Theresa White
City Clerk
Tri-City Planning ®#'ice
17 Second Street Fast - Suite 211
Kalispell, Montana 59901
Phone: (406) 751-1850
Fax: (406) 751-1858
tricity@centurytel.net
March 22, 2005
James H. Patrick, City Manager
City of Kalispell
P.O. Box 1997
Kalispell, MT S9903
Re: Kalispell Zoning Ordinance Text Amendment - Allow HVAC in the B-3,
Community Business Zoning District
Dear Jinn:
The Kalispell City Planning Board met on March 8, 2005 and held a public hearing to
consider a request by Yarus Properties, LLC who are proposing to include HVAC in the
B-3, Community Business, zoning district as a permitted use. HVAC is listed as a
permitted use in the B-2, General Business, the B-5, Industrial Commercial, and the
1-1, Light Industrial, zoning districts and is listed as "Heating, ventilation, air
conditioning sheet metal shops, sales and service." The amendment proposed for
HVAC in the B-3, Community Business, zoning district would be HVAC retail sales
and service and would not include the sheet metal shop component.
Narda Wilson of the Tri-City Planning Office, presented staff report #KZTA-05-2
evaluating the proposal and recommended approval of amendments outlined in
Exhibit A of the staff report Staff noted that this appears to be an appropriate use
when considering some of the other uses allowed in the B-3 zoning district such as
auto repair shops (no body shops), glaziers, furriers, janitorial supplies, services and
contracting. It is noted here that the highest impact related to this type of business,
i.e. sheet metal shop, has not been proposed as part of this amendment, but rather
simply the sales and service component. At the public hearing the applicant spoke in
favor of the proposal and explained the need for the change citing the purchase of a
building in the B-3 zoning district.
The Kalispell Planning Board held a public hearing on March 8, 2005. The board
discussed the issues related to the impacts to the district. A motion was made and
passed on a unanimous vote to recommend to the Kalispell City Council that the
Kalispell Zoning Ordinance be amended to allow HVAC excluding sheet metal work in
the B-3, Community Business, zoning district.
Please schedule this matter .for the April 4, 2005 regular Kalispell City Council
meeting. You may contact this board or Narda Wilson at the Tri-City Planning Office if
you have any questions regarding this matter.
Providing Community Planning Assistance To:
• City of Kalispell • City of Columbia Falls • City of Wbitelish •
Airworks Kalispell Zoning Ordinance Text Amendment
March 22, 2005
Page 2
Sincerely,
Kalispell City Planning Board
eorge Ta for
President
GT/NW/nma
Attachments, Staff report #KZTA-05--2 and application materials
Minutes 3/8/05 planning board meeting
c w/ Att: Theresa White, Kalispell City Clerk
c w/o Att: Yarus Properties, LLC; 425 Ponderosa Lane, Kalispell, MT 59901
YARUS PROPERTIES, LLC
TRI-CITY PLANNING OFFICE -
STAFF REPORT #KZTA-05-2
MARCH 1, 2005
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. A public hearing
has been scheduled before the planning board for March 8, 2005 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 City of Kalispell is proposing an amendment to the Kalispell Zoning Ordinance
that addresses an amendment to the B--3, Community Business, zoning district to
allow heating, ventilation, air conditioning (HVAC) retail sales and services as a
permitted use. Currently this use is not listed as either a permitted or conditionally
permitted use in the zone, but many similar sales and service uses are fisted as a
permitted use in the B-3 zoning district.
A. Petitioner: Xarus Properties, LLC
425 Ponderosa Lane
Kalispell, MT 59901
(406) 755-4811
B. Area Effected by the Proposed Changes- Any area within the Kalispell zoning
jurisdiction that is zoned B-3, Community Business, could be affected by the
proposed changes.
Proposed Amendments: The applicants are proposing to include HVAC in the
B-3, Community Business, zoning district as a permitted use. HVAC is listed
as a permitted use in the B-2, General Business, the B-5, Industrial
Commercial, and the 1-1, Light Industrial, zoning districts and is listed as
"Heating, ventilation, air conditioning sheet metal shops, sales and service."
The amendment proposed for HVAC in the B-3, Community Business zoning
district, would be HVAC retail sales and service and would not include the
sheet metal shop component.
C. Staff Discussion: The B-3 zoning district is described as "A business district
to provide areas for the development of community shopping centers and other
retail service centers. This district shall be a business district island of not less
than five acrs and not a strip development. This district is not intended to
provide areas for outside sales of such items as automobiles, manufactured
housing and boats."
In contrast, the B-2, General Business, zoning district is described as "A
business district to provide areas for those retail sales and service functions
and businesses whose operations are typically characterized by outdoor
display, storage and J or sale of merchandise-, by major repair of motor
vehicles, and by outdoor commercial amusement and recreational activities.
Page I of 4
This district would also serve the general nt;eds of the tourist and travelers.
This district depends on the proximity to major streets and arterials. This
district should be located in business corridors and islands."
The B-3 zoning districts are intended to be less intense in nature than the B-2
zoning district and are located primarily on the north side of Idaho, the
Gateway West Mall area and the east side of Kalispell. The B--2 zoning is
located primarily to the south of Kalispell along the Hwy 93 corridor. The
overall effect of the proposed amendment would be to allow HVAC sales and
services in a commercial zone where they are currently not allowed, but are
allowed in a more intensive manner in other business districts.
This appears to be an appropriate use when considering some of the other uses
allowed in the B-3 zoning district such as auto repair shops (no body shops),
glaziers, furriers, janitorial supplies, services and contracting. It is noted here
that the highest impact related to this type of business, i.e. sheet metal shop,
has not been proposed as part of this amendment, but rather simply the sales
and service component.
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 growth policy?
The growth policy generally anticipates uses that provide a wide variety of sales
and services in the B-3 district. By including HVAC centers in the commercial
areas of the community, the HVAC-types of uses would provide another
component of sales and services anticipated in the community business
district. The proposed amendment would generally promote the goals and
objectives of the growth policy plan.
2. Is the requested zone designed to lessen congestion in the streets?
The proposed amendment would not typically have a significant impact on
traffic congestion in the streets since in the commercial areas high traffic
volumes are generally anticipated. Traffic would peak at certain, times of the
day when the service and repair employees are dispatched in the morning and
return in the evenings and be limited in general. Inclusion of this use would
not affect overall traffic patterns, amount of traffic in an area or significantly
contribute to traffic congestion.
3. Will the requested zone secure safety from fire panic, and other dangers?
The proposed amendment would not reduce any security from fire or other
health and safety issues to any greater extent than other similar types of uses
or same uses within the city as a whole. There would be no compromise with
regard to public safety.
Page 2 of 4
4. Will the requested change promote the health and general welfare?
The general health and welfare of the public will be promoted by providing
HVAC services within the community and by improving the availability of these
services.
5. Will the requested zone_provide for adequate light and air?
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 prevent the overcrowding; of land or undue
concentration of people?
The proposed change would not increase the intensity of uses currently allowed
within the zoning districts. Similar type uses are a permitted use in the B-3
district and this district already anticipates rather intensive land uses.
Including HVAC sales and services would not result in the overcrowding of land
or the undue concentration of people.
7. Will the requested zone facilitate the adequate. pMvision..of transportation,
water sewera e schools arks and other public requirements?
The amendment would not impact the availability of public services. This type
of use, HVAC sales and services, would be able to operate in the commercial
areas without having an adverse impact on the availability or provision of
public services and utilities.
8. Does the requested zone give consideration to the particular suitability of the
property for particular uses?
HVAC sales and services are generally found in the other commercial areas of
the city and would be generally appropriate within most commercial areas of
the community with the exception of perhaps some downtown areas. The
proposed change gives adequate consideration to the suitability of the
properties where these uses would be found and will promote the suitability of
properties for the proposed use.
9. Does the requested zone Lve reasonable consideration to the character of the
district?
The character of the area in which the HVAC sales and services are proposed
would not be altered because of the proposed change. Typically HVAC uses are
found in commercial areas and industrial areas. Including HVAC sales and
services in the B-3 zoning districts as a permitted use gives reasonable
consideration to the character of the district. HVAC sales and services
Page 3 of 4
generally have similar commercial character as other uses found in this district
and would fit well in the commercially zoned areas of the city.
10. Will the proposed zone conserve the value of buildings?
The commercial districts allow many types of intensive uses, and the value of
buildings will be conserved by promoting and encouraging compatible uses in
the commercial districts. These amendments will conserve the value of
buildings.
11. Will the requested zone encourage the most a ro riate use of the land
throughout the jurisdiction?
The most appropriate land uses throughout the jurisdiction are promoted by
encouraging complementary and compatible uses which promote the generai
well-being of all citizens of the community. This change will encourage
appropriate land uses through the planning jurisdiction by promoting and
encouraging a diversity of similar uses within the B-3 zoning district.
RECOMMENDATION
Staff recommends that the Kalispell City Planning Board adopt the findings in staff
report KZTA-05-2 and recommend to the Kalispell City Council that "HVAC sales and
service" be included as a permitted use in the B-3, Community Business, zoning
district.
NW
Page 4 of 4
January 3d, 2005
Tri-City Planning Office
17 Second St. East,
Suite 211
Kalispell, MT 59901
Phone: 751-1850
Fax: 751-1858
Dear members of the Tri-City/Kalispell Planning Boards,
We would like you to please consider a text amendment to allow to operation of our business
AirWorks Inc. into a B-3 zoned area. AirWorks has been a heating, cooling, and ventilation company
in the Flathead Valley for 10 years. The business is owned by Bill and Diane Yarus, and the building
is owned by Yarus Properties LLC, (also owned by the Yarus Family). We had been working with
Orland Gravelle at Glacier Real Estate on the purchase of the property at 294 2nd Ave WN. We were
specifically told that B-3 zoning would allow our line of business. It wasn't until after the property
had been purchased, and building renovation plans submitted to the city, that we were informed
there was a problem. This big detail was missed by the real estate professionals, certified appraiser,
and the loan officers at Glacier Bank.
The proper zoning was assumed to be acceptable because similar businesses are in the same
zoning district. We will use Open Hearth Fireplace Shop as an example. They operate a storefront on
71 Ave EN selling fireplaces and providing service for those appliances. At home service calls are
dispatched from the office, with some warehousing of retail goods. This is basically what we do, but
with heating and air conditioning products. We will have a small showroom for various residential
heating, cooling, and ventilation products. Retail sales of basic service parts to the homeowner will
be provided, although at home service and sales are mainly how business is conducted. Gone are the
days of major manufacturing of sheet metal fittings and ducting. We outsource 95% of our sheet
metal needs to companies that specialize in those products. Pre -fabricated duct and fittings will be
stocked, but only custom fittings will require fabrication at the proposed location.
The original design and location of the building was for a Laundromat and self serve car
wash. The building would suit us perfectly with east side glassed wall for retail and showroom,
several man doors for good access around the building, and drive through bay doors for vehicle
loading and unloading. It is off the main drag, and this may have posed an exposure issue for the
laundry mat, but suits us perfectly. As stated above, we do most of our service and sales in the
customers home. AirWorks Inc would integrate into this location with little impact due to the
proximity to West Idaho, plenty of existing parking, good building exits, and drive through loading
and unloading. Only major interior modifications are needed to get business relocated, although
future exterior improvements are planned. Please contact me at my office with additional questions
and concerns.
Sincerely ,
William . Yarus, O AirWorks nc.
Tri-City Planning Office
17 Second St East, Suite 211
Kalispell, MT 59901
Phone: (406) 751-1850 Fax: (406) 751-1858
PETITION FOR ZONING TEXT AMENDMENT
CITY OF KAL.ISPELL
NAME OF APPLICANT:.���� e "5
MAILING ADDRESS: t?004--fe-10S,- Ln
CITY/STATE/ZIP: Kc, } 5`1 S v t PHONE: -7 �S - Ll S i
WHAT IS THE PROPOSED ZONING TEXT AMENDMENT?
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WHAT IS THE PURPOSE OR INTENT OF THE PROPOSED TEXT AMENDMENT?
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HOW WILL THE PROPOSED CHANGE ACCOMPLISH THE INTENT AND PURPOSE OF:
A.
Promoting the Growth Policy.
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