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07. Ordinance 1554 - Text Amendment - American Capitol - 1st ReadingREPORT TO: FROM* SUBJECT MEETING DATE: City of Kalispell Planning Department 1 - 2nd Street East, Suite W2 I I Kalispell, Montana 59901 Fax: 6 Kal s ell Mayor and City Council Nar a. A. Wilson, n, Ser r Planner James H. Patrick, city Manager Kalispell Zoning Ordinance Text Amendment - AHw Light Assembly in the -3, Community Business Zoning District October 3, 2005 BACKGROUND. This is a request by Big Sky Properties on behalf of ADG, to consider are amendment to the Kalispell Zoning Ordinance to include light assembly M the -3, Community unity .siness, zoning district as a permitted use. The Kalispell city Planning Boar. met on September 13, 2005 and held a public hearing to consider the amendment. The board discussed the proposal and the potential impacts to the district. It was noted that there are similar uses in the districts currently and that the hght assembly would be conditionally permitted, thereby notifying the immediate property owners in the area.. The staff recommended approval ofthe proposal. by M'cludm'g hght assembly as a. conditionally permitted use rather than a permitted use in the -3 district as well as the -2, General Business, district. t the public hearing the applicant spoke in favor of the proposal and state. he supported the staffs recommendation and felt that the light assembly could provide some flexibility in the districts are.d gcc aymg j obs for the c mmu ty. motion was made and passed on a unanimous vote to recommend to the Kalispell City Council that the Kahspell Zonm*g Ordinance be amended to allow light assembly in the -3 and the -2 zoning districts as a conditionally permitted use. REC ADMNDATIO : A motion to approve the first reading f are ordinance approving the amendment would e in order, FISCAL EFFECTS: Potential positive impacts. l►LTERN rVES: As suggested by the city council. Text Amendment . — Light Assembly September 22, 2005 Page Res eet uRy submitted,, Nara A. Wilson. Senior Planner ner Report compiled: September 22, 2005 e: Theresa White, Kalispell City Clerk arr.e at,i., City Manager Attachments: Transmittal letter Staff report #KZTA-05-6 and . heation materials Draft minutes from 3 5 planning board meeting RAMIKALJ\KZ- MEMO ORDIENANCE No.155 AN ORDINANCE AMENDING THE KALISPELL ZONING ORDINANCE(ORDINANCE NO, BY AMENDING THE - , GENERAL BUSINESS, AND THE B-35 COMMUNITY BUSINESS DISTRICTS, TO ALLOW LIGHT ASSEMBLY AS A CONDITIONALLY PERMITTED USE AND DECLARING AN EFFECTIVE DATE. WHEREAS, Big Sky Properties, on behalf of A G, has submitted a written request to amend the Kalispell Zoning ordinance, by allowing Light Assembly in the -3, Community 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 . .o o, 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 Light Assembly as a conditionally permitted use in both the -2 General Business and the - , Community Business Districts, 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 Endings made in Report #KZTA-05-6 as the Findings of Fact applicable to this Ordinance. NOW, THEREFORE, BE 1T 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 Light Assembly as a. conditionally permitted use in the - 2, General Business and the - , Community Business Districts. SECTION 11. All parts and portions of ordinance No. 1460 not amended hereby remain unchanged. SECTION 111. This ordinance shall take effect thirty days after its final passage. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF TUE CITY OF KALISPELL THIS 3RD DAY OF OCTOBER, 2005. Pamela B. Kennedy Mayor ATTEST: Theresa White City Clerk City of Kalispell Planning Department 1 - 2nd Street East, Suite 211, Kalispell, Montana 59901 Telephone., 751-1950 Fax: 4 6) 751-185 W s.ite: kafispellplanning.com September 22, 200 James H. Patrick, City Manager City of Kalispell P.O. Box 1997 Kalispell, MT 59903 e: Kalispell Zoning Ordinance Text Amendment - Allow Light Assembly in the -3, Community Business Zoning District LearJim: The Kalispell City Planning Board met on September 13, 2005 and held a public hearing to consider a request by Big Sky Properties on behalf of AG, who are proposing to include light assembly in the -3, Community Business, zoning district as a permitted use, Narda Wilson of the Kalispell Planning Department, presented staff report KZT- - evaluating the proposal and recommended approval of the proposal by including g light assembly as a condi.tiona y permitted use rather than a permitted use in the B--3 district as well as the -2, General Business, district. At the public hearing the applicant spoke in favor of the proposal and ta.ted he supported the staff recommendation . and felt that the light assembly could provide some flexibility in the districts and good paying jobs for the community. The board discussed the proposal and the potential related to the impacts to the district. It was noted that there are similar uses in the districts currently and that the light assembly would be conditionally pennitted, thereby notifying the immediate property owners in the area. A motion was made and passed on a unanimous vote to recommend end to the Kalispell City Council that the Kalispell Zoning Ordinance he amended to allow light assembly in the -3 and the B-2 zoning districts as a conditionally permitted use. Please schedule this matter for the October 3, 2005 regular Kalispell City Council meeting. g. You may contact this board or Narda Wilson at the Kalispell Planning Department if you have any questions regarding this matter. Zoning Ordinance Text Amendment — sight Assembly September 22, 2005 'age GT/ NW /rna Attachments.- Staff report #KZTA-05-6 and. apphcation materials Draft minutes 5 planning board meeting w Att: Theresa White, Kalispell City Clerk w/o Att: American. Capital, Ted Schlegel, Big Sky Properties, 1045 S. Man St. Kalispell, MT 59901 BIG SKY PROPERTUES KALISPELL PLANNING DEPARTMENT STAFF REPORT KZA- 5-6 A report to the Kalispell city Plarmmg Board and the Kalispell city Council regarding a request for a text amendment to the Kalispell ell Zoning Ordinance. A public hearm'g has been scheduled before the la n g board for September 13, 2005 b � ' g at :00 PM in the Kalispell City Council Chambers. The lannm' g board WIR forward recommendation to the Kalispell City Council for nail action# BACKGROUND INFORMATION Big Sky Properties Real Estate initially submitted this proposal. on behalf of American. Capitol Group, owners of the Gateway west Mall, which is M a B-3, community Business zoning district. This is a request to allow light assembly in the -3, Community ity Business zoning district which was M* it .ally in response to a potential tenant considering locating m a vacant portion of the mall. That business has since found another er location for their operation.. However, the owners of the Gateway west Mall. have decided they would like to move forward with the proposal M order to expand the potential opportunities and. uses for the building. A. Petitioner: Amen'can Capital c/o Ted Schlegel, Big Sky Properties 1045 South Main Street Kalisell, MT 59901 (406) 55-5 B. Area Effected by the Proposed Changes: Any area within the Kalispell zorn*ng jurisdiction that is zoned -3, Community Business District, could be affected by the proposed charges. C. Proposed he applicants are Proposing to include light assembly in the -3, Community i us ess District, as a. permitted use. D. Staff Discussion: Initially the applicants had considered using a. vacant portion of the Gateway West Mall for light assembly Primarily because of the difficulty in renting, leasing or selling the building for other retail or office uses allowed. M the district. The primes difficulty associated with, this building is its size and lack of retail anchor tenants. The lack of anchor tenants and length of vacancy of such a large building has limited the interest of other potential tenants and forced the owner to seek other alternatives. In order to assist the property owner in seeking creative al.tema.tives, the staff recommended ffi tiati g a text amendment for the proposed light assembly purpose, noting that this would impact all areas of the cow laity Business District zoned - , not just the Gateway west Mall. 'age This alternative seems to allow some flexibility in the use of buildings in the district while still r aintan' =' and encouraging an active use of the mall and other sites M the commercial district. This appears to be a reasonable use when considered in the context of the see of the building and the hmited impact this would have on the appearance and vitality of the area. The use is generally law impact with regard to traffic, parking, hours of operation and the demand on services. VALUATION BASED ON STATUTORY CRIES The statutory basis for reviewing a change in zonffig is set forth by 76-2-20 , m.C. ,. Findings of Fact for the zone charge request are discussed relative to the itemized criteria described by - 2-203, M. C.A. 1. Does the re .ested zone comply with the owth o c The growth policy generally anticipates uses that provide a wide variety of retail sales, services, restaurants and office uses in the -3, Community Business District. By allowing the limited use of light assembly in the cormercied district, it would expand business opportunities and would have a 111M*ted impact on the viability and vitality of the existing commercial areas. The proposed amendment would generally promote the gals and objectives of the growth policy plan. 2, is the reqaested zone d.esl ed to lessen cow estior in the streets The proposed amendment would not typically have a. significant imp act on traffic congestion in the sheets since the proposed use would have limited traffic, parking requirements and hours of operation and would not involve come and go" patrons. 'Traffic associated with the proposed use would generally be sporadic and would be predictable or a day basis. Inclusion of this use would not affect overall traffic patterns, aano nt of traffic in an area or contribute to traffic congestion. 3. Will the requested zone secure safe from fire do and other dangers? The proposed amendment would not reduce any security from fire or other heap and sa `ety issues to any greater extent than other similar types of uses or same uses within the city as a Thole. Use of the building for the proposed use would, have to comply with the City of Ka .spell's fire cods requirements. There would be no compromise with regard to public safety. . Will the re ested change promote the health and Qeneral welfare The general health and welfare of the public will be prornoted by providing additional uses within the conunercla.l areas of the corrx . sty and would not detract from goals of keeping the district vital and occupied with businesses. Page 2 of 4 . Will the requested zone wovide for ade uate light and airy Light and air between ajid surroundm*g biffldings would not be altered or m a.cted. by the proposed. charge* Will the re uested zone prevent the overcrowding ,d, of a or undue r conce ation . The proposed change would not increase the intensity of uses currently meowed within the zoning districts. Uses that are a permitteduse in the -3 district have more intensive impacts and intensive lard uses than the proposed use. Including light assembly in the district either as a. permitted or conditionally erg tted use would not result in the overcrowding of land or the undue concentration of people. . Will the requested zone facilitate the adeguate Rrovision of trams orta.t ors grater se trera e. ..... arks ..,. arrd other.,u is re. ► never is The amendment would not impact the availability of public services. This type of use would he able to operate in the commercial areas without having an adverse impact on the a a la. it ty or provision of public services and utih ies. 8. Does the requested ore 'ire cons d.eration to � articular suitah�l� of the vropeEty for party cuaar .ses Light assembly it the district would generally have a neutral impact on the commercial areas since typically it would not displace other uses that would need a higher level of visibility. The proposed charge gives adequate consideration ion to the suitability of the areas where these uses would be located and will promote the suitability of properties for the proposed use. Toes the reguested zone e reasonable consideration to the character of the district: The character of the district where the light assembly is proposed would not he altered because of the proposed charge. The proposed use would. not displace other more viable commercial uses most of which require a. certain level of visibility and. access. The use would provide an additional option to udli ing space within the commercial districts that would generally not he occupied for other purposes. 10. Will the prpposed zone conserve the value of buildin The commercial districts allow many types of intensive uses, and the value of uild.irgs will be conserved by promoting and encouraging compatible uses in the commercial districts. This amendment will conserve the value of buildings. Page Will the rmuested zone encourage the most _Appropriate use of the land throughout t .e ' ris diction? The most appropriate land uses throughout the jurisdiction are promoted by encouragmg complementary and compatible uses which promote the general well-being of all citizens of the community. This change will encourage appropnate landuses throughout the planning juns ictlo , by promoting are encouraging a diversity of similar uses within the -3 zoning distxict. RWbUMNDN Staffrecommends that the Kalispell. City findings Board adopt the M staff report KZTA-05-6 and recommend to the Kalispell city Council that light assembly be mcluded as a conditionally permitted use in the -3, Community Business District and t -2, General Business Districts. NW Page 4 of gzGS� PRO P ............ ....................... E R T T E S July 28, 2005 Nara Wilson Senior Planner Kalispell Planning and Zoning 1 — 2Steet East Suite 2 11 Kalispell MT 59901 Dear Nara: This has reference to Gateway Mall and the owners' ACG Kalispell ffiesto s, LLQ desire for zoning text amendment for the -3 zone that currently exists on subject property. .1 am including a photocopy of Parcel A., COS 914175, SE4, Section 12, T28N, R22W .M.,, M. Flathead. Count y Montana, subject property. I am also including page of the Petition For Zoning Text Amendment which has been signed by one of the owners, Mari. Dunn. The specific text amendment desired is to allow light assembly In a B-3 zone. This request is made as a result of a recent inquiry by Cable Tech, Cable Tech is .interested i leasing space in Gateway for light assembly. 'lease contact me with questions or additional information. ation. Thank you, Si rely, Ted Sclegll Broker/Owner Enclosures: COS# 1 1 5, Signed signature page of Petition for Zoning Text Amendment BIG SKY PROPERTIES of MONTANA, INC. .1 SOUTH MAW STREET • KALISPELL, INIT 59901 t Certificate orf Survey &WHO&* porUon of GatewayWest Addition No. 3 }i►�wewez � Jrr� Section 12, T28 '- P.M. i. Fla bad County,, Montana awr r'a�^w WAM• Sri i 13W T6,* prrpaw af rrY1MhMs AAdrfIR !*A, #m V6K i.WNkar.[ # .r .M4— m r.w.r..... *t b*.4% r„rr xe W-#V.I-Y-d �k Mrs, Mrmwa r w"WMA C+n...f, ilrAmpp* OW*WArrf w* f.r+rt P Qmmm&a=mgWr+M i-m�i/'li '. r wy..r #OW'u-n- N POLM 4- *p •wr #w *f MyG - #1rr`or arwttirwwf f00'"'iki W IA76L 4f 9-60 4h f4r'Mrw.wrl� #ni rf ## Y Flw T, wr�gw fFy SwF Fir.' fwiT'! F6*VT Z" lTJT Fw r ft UAW Vkr wya".w+y.f • MFY902 fM 4wp" * qk* r40m m-d iir'Y7'17' 660. M f.* wr MM %Nw-w4r A�,r .f "Wwr Orbw 1Z. "OW4 5 +f +i�#�s'aY"E rt"I Obar j Fes* I%Mr3& YAW f JG f X ��ee TF,w #�FY' , xrw i4�RT ?.c f # TI.. kOW 64'*►"C V"jg NWr Tsr mo*"+Wrg w TNW- s Y+R1"i#•f!' #OJt57 #wR #r M i.rf 1YMri�r ih. of _ /� #�r�l L 11►rrrKr i/.w� _ , . tiY4r.iraiy iKt iY78"'fl#i'� y43# f..k #. 7M frrllwrif W/ of TYPE A%" Q1,%'4 #w .O*Ft S..Rbgr popo" 'WINV /#ibr MiW; i'.F cres fA r9r3Pi—" 07= fwW. ..�+, ti _ s+r"s1 , xa r �+ Ara Mar raw "-%M r r*iV't#'st-W ' *srar Y T� 4wli 0" MWWP..W , 4W�4ARW*q TZROW DETAIL 1 NOTTO ..r►„+r,r * SCALE 41PL+ (SEIE DETAIL ' i}YMIe M.Mr >4 aGok liwli� i� M4 cmmft or �� City of Kalispell Planning Department I - 2nd Street East, Suite 211., Kaiispell, Montana Fax:751-1858 PETITION N ZONING TEXT AMENDMENT NAME OF APPLICANT: 06fI t,4 T.rM 416 7eo d le13, i i .�+rW, t� MAILING ADDRESS: LO. J� CITY/STATEjZIP: �/ PHONE:_ - WHAT S THE PROPOSED ZOM G TEXT AMENDMENT? 4on�ir� o�ib/Yrr� WHAT S THE PURPOSE OR INTENT OF THE PROPOSED TEXT AMENDMENT? HOW WILL THE PROPOSED CAGE ACCOMPLISH THE INTENT AND PURPOSE A. Promoting the Growth Policy I B. Lessening congestion in the streets and providing safe access C. Promoting safety from fire, paruc and other dangers Promoting the public interest, health, comfort, convenience, safety and general welfare E. Preventing the overcrowding of land F. Avoiding due concentration of population G. Facihtating the adequate provision of transportation,, water, sewage, schools, parks, and other public facilities H. Giving reasonable consideration to the character of the district I. Giving consideration to the peculiar suitability of the property for particular uses 2 J. Preting and conserving the vaIue of buEdings K, Eaccura - g the most appropriate use cf d by assuring orderly growth (A,nplimntSiplawzu,(Date) NO soc- r' d4rek 4-,,6a,, 2 .LTE :4 [JOB NO. o. 9774 NOTICE OF PUBLIC All KALI P LL CITY PLANNING IN BOA AND ZONING COMMISSION September 13,2005 The regular meeting of the Kalispell City Plan- ning Board and Zoning Commission is sched- uled for Tuesday, Sep- tember 13, 2005 begin- ningat 7:00 PM in the Kalispell City Council Chambers, Kalispell City Hall, 312 first Ave- nue East, Kalispell. The planning board will hold a public hearing and take public comments on the following agenda Sterns_ The Board will make a recommenda- tion to the Kalispell City ouncii who will take fi- riai action. 1. A request byFlat- head Health Center, Inc. for a conditional use permit to allot the relo- cation of a temporary modular office building at 310 Sunnyview Lane, Kalispell. The applicants propose to locate a modular office building. to the southwest of the existing Alert Building. The property is zoned H-1, health Care, which lists temporary uses as a conditionally permitted use_ The property is lo- cated at the southeast corner of Claremont and Conway give and can he described as a por- tion of the Common Area and Access and Utility Easement in Ka- lispell Regionai Medical Center, Government Lots 13 and 14 inSec- tion 6, Township 28 North, Flange 21 West, P.M.M _ FlatheadCoun- ty, Montana. . A request by Big Sky Properties on be- haif of American Capitol aka A G Kalispell ! - vestora# LL , for an amendment to theKalis- pell Zoning Ordinance to alloy light assembly' in the -3# Community Business, zoning dis- trict. This amendment could potentially affect all properties in the Ka- lispell zoning jurisdic-.:. tlon, i.e. the Kalispell. city limits, that arezon- ed B-3. Documents pertaining to this - agenda item are on file for public inspec- tion at the. l aiisp ll Planning Department, 1 " Second Street East, Suite 211, Kalispell, T �`. during re 'ula f offi : hours. Interested persons areaj encouraged to attend=--. the hearing and maker:..,. their views and con..-::.: cerns known to thei.: Board. Written ments may be ubm-it-� - ted to the Kalispell ll Plan ning Department at tha::::: above address, prior to the date of the hearing,.. or you may contact Isar- da Wilson, Senior Plan-..." ner at (406) 751-1850 oT.15,:11-01 e-mail her nwi Ison @ kal ispe I I, co rr nor additional informa� tion. somas R. Jenm Thomas R. Jent Planning Director STATE OF MNANA FL ATBEAD COUNTY DAVIT OF PUBLICATION CHRIS SCHULDHEISS BEING DULY SWORN., DEPOSES AND SAYS: THAT SBE IS THE LEGAL CLERK OF THE DAMY EVMR LAKE A DAB NEWSPAPER OF GENERAL CIRCULATION, PREITMD AND PUBLISH IN THE C= OF STATE OF M NTAN.A, .AND FRAY No 9774 LEGAL ADVERTISMENT WAS AND BLIS= IN TBE REGULAR AND S SUE OF SAID PAPS.., AND IN EACH AND EVERY COPS T14EREOF ON TBE DATES OF AUG 281, 2005 AND THE RATE CHARGED FOR TBE ABOVE PRWT�G DOES NOT EXCEED GOING RATE CHARGED TO ANY OAR ADVERTISER FOR TBE SAME PUBICAU N, SET IN TBE SAME STYPE AND PUBUSBED FOR TTIE SAME NUNMER OF INSERU NS, August28,2005. Subsen'bed and sworn to 1.0 Before me this •' } C..c * x Notary Public for the State. of Montana Residing in Kalispell My Commission expires 9/11/05 NOTICE OF PUBLIC HFA=G KALISPELL CITY PLANNING BOARD AND ZONING COMUSSION S =bey 3 2005 The regular meeting o the Xalis ell City Pl � Board and Zoning Con=ission is scheduled for Tuesday, Septe=ber 13, Zoo ginM in the Kalispell City Council Cha bers, Kalispell City Hall, 312 First Avenue East, Kalispell. The planning board wiU hold a public hean'ng and take public co-inmen s on the following agenda items. The Board will make a recommendation to the Kalispell City Council who wiH take final action. request by Flathead Health Center, Inc_ for a conditional use permit to. allow the relocation of a temporary nodular office building at 310 S nnyview Lane, Kalispell. The applicants propose to locate a modular office building o the southwest of the existm'g Alert Building. The property is zoned H--1, Health Care, which lists temporary uses as a conditionally permitted use. The property is located at the southeast corner of Claremont and Conway Drive and can be described as a portion of the Common area and Access and Utility Easement in Kalispell eio .a. Medical. Center, Gover=ent Lots 13 and. 14 in Section 6, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. 2. A request by Big Sky Proper -des on behalf of American Capitol aka. ACG Kalispell Investors, LLC, for an amendment to the Kalispell Zoning Ordinance to allow light assembly in the - 3, Community Business, zoning district. This amendment could potentiaHy affect all properties In the KahspeU zoningjurisdiction, i.e. the Kalispell city limits, that are zone. --3. Documents pertaining to this agenda i earn are on file for public Inspection at the Kalispell Planning e went , 17 Second Street East, Suite 211, Kalispell, MI T 5990 l , and are available for public review dun*ng rear office hours. Interested persons are encouraged to attend the hearing and make their views and concerns known to the Board. Written con=ents may be submitted to the Kalispell Planning Department at the above address, prior to the cute of the hearing, or you may contact Narda Wflson, senior Planner a o6) 751-1850 or e-mail- her a nwilson@,kalispell.com for additional info=ation. i Thomas R. Jentz PlanningDi-rector