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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? +n& ��S►�esS�� S/s,�C.��'tCs.�� ��''�+� i;��' �-� .���-�-�c� v+SeS ►�n �.� Zone- Yr9rnun,' �SEn WHAT IS THE PURPOSE OR INTENT OF THE PROPOSED TEXT AMENDMENT? c r o.:pc cf 4nn yJ y �i S ,v 6? k(d�i r iKs ,. e ces .s ,, -f. r rt f�v�,s Frurn Hers r f AwAJ �C wi L%u 5 5�t, HOW WILL THE PROPOSED CHANGE ACCOMPLISH THE INTENT AND PURPOSE OF: A. Promoting the Growth Policy. �%d✓,� 4 e r!i€a ,ci bYlM11� � 5 CL iiv i[ ✓)� ' } •v l L C'I C fe .S ]pa p ! Li1tYl � `i �y{.'/�r�✓� �11T �.i..4 a B. Lessening congestion in the streets and providing safe access Cc.- Vic r7 s r u jj_._ w0LIt.l 3,r=n Gc,r(i , / C'on c tvrc slz� c (c/n �s)nin vac �� r �s1n SSA yY�- Lie, Y'��-f�� �c�.�S t,?'tsr' cjLI,— c�, .ptnt�k°' °�Te'. jV l� Ly; v.iF� . C. Promoting safety from fire, panic and other dangers +f5 CLV;Wr v v { c ��MGazs Leff{!� �a1 test' yy �e� LdR r ir' ✓/ ��a4, � ru r,M A C e- I�2 F. S ��lG� C �2�irJhlr'Jcz"c4 135Y i'x� Cx'uiGi 5e�r a, 0 5 '� e�ir c o �' `� � � f9 �..+e i9� .at ,C � k++ ll r�c✓ur ra.. / ry �I+r 3" � !%�.� � `.: € c.lL D. Promoting the public interest, health, comfort, convenience, safety and general welfare F/7 pz hc�v bin 3e1//lc�vEs !n ,art ' rep lcS/,:�1C�c nZ •�%,vLJf�rc ll�.ca— cStJr .T r !J/ C 2� �S-x- l..r [' �Ys / tern f(,Lc Ll 9^7c.-..yryj.. E. Preventing the overcrowding of land F. Avoiding undue concentration of population �° r G. Facilitating the adequate provision of transportation, water, sewage, schools, parks, and other public facilitiest1e H. Giving reasonable consideration to the character of the district re iL' d Sak-� find r..�V i f i OVAC- prAG vrti k `f `�� M l..� c T ..' 0+4%t<" 7r�S�r�rS za � rti ts` 1. Giving consideration to the peculiar suitability of the property for particular uses A`DA +tE 6 n�;j si!t!� C.r?Nlrri iuSc�,_ �'- 5 sad€ aT3dgre�. ! - ' P Y? C C�7Y,5i7F t:61E f r+ ' ' r' ' L:. to 's` - L�iG'kS n c? .'✓ a.'-lr.,. J. Protecting and conserving the value of buildings w:I) r ,v 'rq ne .;,r 1, ltir 4. `�1[[ �Gi:r it �17rr3 (E,3,L G S 74ii� I1G= �^ ^e*'t tni> 1rh v� U CG�t� Icr Th!t1.Jc�.-)4L �r.es I, K. Encouraging the most appropriate use of landffby assuring orderly growth �i5 �1 �ss� Lt�e [,u, � J ?-n/ � ..ir f Jc3 - .v ' �i r. s ,4Av &P &12-� e.s« — L / .iai%sGctr.%�[s 7�itA-'� r�lt�.-� k.�. �_ r� !"_2�a.v�_ �`r�j .��- �,;x �-"��s-n-��ic.•� � /-uci�cnG�� (Applic n ignature) 3 C 2/0 (Date)