1. Ordinance 1507 - Zone Change Request - Greg Bain & Co. - 1st ReadingREPORT TO:
FROM:
SUBJECT
Tri-City Planning Office
17 Second Street East —Suite 211
Kalispell, Montana 59901
Phone: (406) 758-1850
Fax: (406) 751-1858
tricity*centurytel.net
www.tricitypianning-mt.com
Kalispell Mayor and City Council
Narda A. Wilson, Senior Planner
Chris A. Kukulski, City Manager
Greg Bain &, Co. - Zone Change Request from RA-1 to B-3
MEETING DATE: August 2, 2004
BACKGROUND: This is a request for a change in zoning from RA-, Low Density
Residential Apartment, to B-3, Community Business. The property contains
approximately one and a half acres is currently split by zoning with a B-3 zoning
designation on approximately one half acre to the west and RA-1 zoning on
approximately 1.06 acres on the eastern portion of the site. This property is located
on the north side of Idaho Street and east of Seventh Avenue, EN. The staff
recommended approval of the zone change request explaining that this would simply
bring the existing use into compliance with the zoning so that it would not be non-
conforming and would allow the property owners to make improvements to the
property.
The Kalispell City Planning Board met on July 13, 2004 and held a public hearing to
consider this proposal. During the public hearing the property owners explained they
wanted to make some improvements to the existing Hilltop Inn and the change in
zoning would not result in a change in use of the property. There was no one from the
neighborhood to speak either in favor or in opposition to the proposal.
The planning board discussed the request and issues related to the property. A
motion was made and passed unanimously to recommend that the zone change from
R-A-1 to B-3 be granted.
RECOMMENDATION: A motion to approve the first reading of the ordinance
approving the zone change would be in order.
FISCAL EFFECTS: Minor positive impacts once fully developed.
ALTERNATIVES: As suggested by the City Council.
Respectfully submitted,
� "I C f.
Narda A.`WAson ris+A. Kukulski
Senior Planner City Manager
Providing Community Planning Assistance To:
City of Kalispell • City of Whitefish • City of Columbia Fails
Greg Bain & Co. — Zone Change Request
July 23, 2004
Page 2
Report compiled: July 23, 2004
c: Theresa White, Kalispell City Clerk
Attachments: Transmittal letter
Staff report #KZC-04-2 and application materials
Draft minutes from 7/ 13/04 planning board meeting
TRANSMIT\KALISPEL\2004 \KZC04-2MEM
ORDINANCE NO.1507
AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY OF
KALISPELL ZONING ORDINANCE, (ORDINANCE NO.1460), BY ZONING CERTAIN
REAL PROPERTY DESCRIBED AS TRACT 2 OF CERTIFICATE OF SURVEY NO.8076
IN SECTION 8, TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD
COUNTY, MONTANA (PREVIOUSLY ZONED CITY RA-1, LOW DENSITY
RESIDENTIAL APARTMENT) TO CITY B-3 (COMMUNITY BUSINESS), IN
ACCORDANCE WITH THE KALISPELL GROWTH POLICY 2020, AND TO PROVIDE
AN EFFECTIVE DATE.
WHEREAS, Greg Bain & Co., the developers of the property described above, petitioned the City
of Kalispell that the zoning classification attached to the above described tract of land
be zoned B-3, Community Business, and
WHEREAS, the property is located on the north side of Idaho Street and east of Seventh Avenue
EN, and is the location of the Hilltop Inn, and
WHEREAS, the petition of Greg Bain & Co. was the subject of a report compiled by the Tri-City
Planning Office, #KZC-04-2, dated July 6, 2004, in which the Tri-City Planning
Office evaluated the petition and recommended that the property as described above
be zoned B-3, Community Business as requested by the petition, and
WHEREAS, the Kalispell City Planning Board and 'Zoning Commission adopted the TCPO report
and recommended the property as described be zoned B-3, Community Business, and
WHEREAS, after considering all the evidence submitted on the proposal to zone the property as
described B-3, Community Business, the City Council finds such zoning to be
consistent with the Kalispell Growth Policy 2020 and adopts, based upon the
criterion set forth in Section 76-3-608, M.C.A., and State, Etc. v. Board of County
Commissioners, Etc, 590 P2d 602, the findings of fact of TCPO as set forth in Report
No. KZC-04-2.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL AS FOLLOWS:
SECTION I. Section 27.02.010, of the Official Zoning Map of the Kalispell Zoning
Ordinance, (Ordinance No. 1460) is hereby amended by designating the property
described above as B-3, Community Business.
SECTION IL The balance of Section 27.02.010, Official Zoning Map, City of
Kalispell Zoning Ordinance not amended hereby shall remain in full force and effect.
SECTION III. This Ordinance shall be effective thirty (30) days from and after the
date of its final passage and approval by the Mayor.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE
CITY OF KALISPELL THIS 16TH DAY OF AUGUST, 2004.
Pamela B. Kennedy
Mayor
ATTEST:
Theresa White
City Clerk
Tri-City Planning Office
17 Second Street East - Suite 211
Kalispell, Montana 59901
Fhone: (406) 751-1850
Fax: (406) 751-1858
tricitvCiucenturvtel.net
www.tricityplanning-mt.com
July 23, 2004
Chris Kukulski, City Manager
City of Kalispell
P.O. Box 1997
Kalispell, MT 59903
Re: Greg Bain & Company - Zone Change Request from RA-1 to B-3
Dear Chris:
The Kalispell City Planning Board met on July 13, 2004 and held a public hearing to
consider a request by Greg Bain 8s Company for a change in zoning from RA-1 to B-3.
The property contains approximately one and a half acres is currently split by zoning
with a B-3 zoning designation on approximately one half acre to the west and RA-1
zoning on approximately 1.06 acres on the eastern portion of the site. This property is
located on the north side of Idaho Street and east of Seventh Avenue, EN.
Narda Wilson, with the Tri-City Planning Office presented staff report KZC-04-2 and
evaluated the proposal. The staff recommended approval of the zone change request
explaining that this would simply bring the existing use into compliance with the zoning
so that it would not be non -conforming and would allow the property owners to make
improvements to the property.
During the public hearing the property owners explained they wanted to make some
improvements to the existing Hilltop Inn and the change in zoning would not result in a
change in use of the property.
After the public hearing, the board discussed the proposal. A motion was passed on a
unanimous vote to forward a recommendation to the city council that the change in
zoning from RA-1 to B-3 be granted.
Please schedule this matter for the August 2, 2004 regular 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.
Sincerely,
Kalispell City Planning Boar
C' q aylor
President
Providing Community Planning Assistance To:
• City of Kalispell - City of Columbia Falls - City of Whitefish
Greg Bain & Company
July 23, 2004
Page 2
GT/NW/ma
Attachments: Staff report KZC-04-2 and application materials
Draft minutes 7/ 13/04 planning board meeting
c w/ Att: Theresa White, Kalispell City Clerk
c w/o Art: Greg Bain & Company, 3577 Highway 93 North, Kalispell, MT 59901
Rod 8v Tonya May, 801 E. Idaho, Kalispell, MT 59901
TRANSibIIT\KALISPEL\2004KZC-04-2 Greg Bain & Co
GREG BAIN & COMPANY
ZONE CHANGE REQUEST FROM RA-1 TO B-3
TRI-CITY PLANNING OFFICE
STAFF REPORT #KZC-04-2
JULY 6, 2004
A report to the Kalispell City Planning Board the Kalispell City Council regarding a
zone change request from RA-1 to B-3. A public hearing has been scheduled before
the Kalispell City Planning Board for July 13, 2004, at 7:00 PM in Kalispell City
Council Chambers. A recommendation from the planning board will be forwarded to
the Kalispell City Council for final action.
BACKGROUND INFORMATION- The applicants are proposing to amend the Kalispell
Zoning Map by rezoning approximately 1.06 acres from an RA-1, Low Density
Residential Apartment zoning district to B-3, a Community Business zoning district.
The purpose of the change in zoning is to accommodate the remodeling and
expansion of the existing Hilltop Inn which exists in the RA-1 portion of the site as a
non -conforming use.
A. Petitioner and Owners: Greg Bain & Company
3577 Hwy 93 North
Kalispell, MT 59901
(406) 732-2886
(Petitioner)
Rod and Tonya May
801 E. Idaho
Kalispell, MT 59901
(406) 755-4455
(Owners)
B. Location and Legal Description of Property: This property is located on the
north side of Idaho Street and east of Seventh Avenue EN. The property
address is 801 East Idaho Street and can be described as Tract 2 of COS 8076
located in Section 8, Township 28 North, Range 21 West, P.M.M., Flathead
County.
C. Existing Zoning: Currently this property is zoned RA-1, a Low Density
Residential Apartment zoning district which allows duplexes and single-family
homes as permitted uses and low density apartments as a conditional use. The
minimum lot size requirement for this zoning district is 6,000 square feet plus
3,000 square feet for each additional unit beyond a duplex.
D. Nature of Request and Proposed Zoning: The property owner is requesting
that this property be rezoned from RA-1, Low Density Residential Apartment, to
B-3, Community Business. The minimum lot size requirement for this zoning
district is 7,000 square feet. The zone provides for a broad array of retail
commercial and office uses. The property is currently occupied by the Hilltop
Inn which contains approximately 1.501 acres. The property is split by zoning
with a B-3 zoning designation on approximately one half acre on the west side
i
and an RA-1 zoning designation on approximately 1.06 acre on the eastern
portion of the site.
The eastern portion of the property is zoned RA-1 making the hotel located in
this area a non -conforming use and subject to limitations associated with that
status. The western portion of the site or approximately one half of an acre is
zoned B-3, Community Business, with the hotel located on this portion of the
site a conforming use. The property owners would like to do some
redevelopment of the site as well as some expansion, but are limited without
consistent zoning on the property. The rezoning of the property to B-3 would
bring the existing non -conforming portion of the site into conformance with
zoning and would allow the property owners to engage in the redevelopment
needed for the site.
E. Size: The area proposed for rezoning contains approximately 1.06 acres
F. Existing Land Use: Currently this property contains a hotel building that is
rented typically on a nightly or weekly basis.
G. Adjacent Land Uses and Zoning: This property is in an area which has a mix
of uses transitioning from general commercial on almost 2 sides with multi-
family and eventually as one proceeds north to single family development.
North: Single family dwellings, County R-S and City RA-1 zoning
East: Multi -family dwelling, City RA-i zoning
South: Office and retail uses, City B-2 zoning
West: Daily Inter Lake, City B-3 zoning
H. General Land Use Character: The general land use character of this area is a
mix of intense commercial uses that transition to the north to almost
exclusively single family neighborhoods.
1. Utilities and Public Services:
Sewer:
City of Kalispell
Water:
City of Kalispell
Refuse:
City of Kalispell
Electricity:
Flathead Electric Cooperative
Natural Gas:
Northwest Energy
Telephone:
CenturyTei
Schools:
School District #S
Fire:
Kalispell Fire Department
Police:
City of Kalispell
J. Relation to Zoning Requirements: The area proposed for rezoning exceeds
the minimum lot size requirement of 7,000 square feet for the B-3 zone. The
area proposed for rezoning is part of the parcel to the west that is currently
zoned B-3 and will allow the property owners to remodel and redevelop the
existing buildings without being subject to the restrictions placed on non-
conforming uses. No subdivision of the property is anticipated at this time.
2
A notice of public hearing was mailed to property owners within 150 feet of the
subject property approximately 15 days prior to the hearing. At the writing of the
staff report no comments have been received.
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.
�•' •- •101NORMOKOWA936 •••• of •- • • •• ffam
This property is included in the Kalispell Growth Policy area and is currently
served by City water and sewer. The property is anticipated to be developed
commercially and the proposed rezoning is in compliance with the growth
policy for this area. The Kalispell Growth Policy encourages the expansion of
existing commercial areas based on compact development patterns and
encourages infilling to take advantage of existing streets and services. The
proposed zone change furthers several goals of the Kalispell Growth Policy
relating to expansion of existing commercial areas.
Access to this site will be provided primarily from its existing approach from
East Idaho Street which is designated as a major arterial in the Kalispell
Transportation Plan. This is a Federal highway maintained by the Montana
Department of Transportation. No additional or unanticipated traffic might be
generated from the further development or redevelopment of this property and
the existing transportation system can adequately accommodate the impacts
related to this site.
• ' ' • - • • • -I IFSTI-09• .. • • • • -
Very little risk from sire or other dangers exist on this site. This property
generally is fully developed and any redevelopment of the site will required to
be in compliance with the Uniform Fire Code, current City building codes and
Kalispell Public Works requirements for water, sewer and drainage. Access to
the site is good in the case of an emergency. No significant impacts could be
anticipated with regard to safety hazards, fire or other emergency situations.
•- - • • n• - ••• • MiROBUMIURMISRUM OKUM
By concentrating commercial development in an area which has public
services, access onto a collector street and is located in an area which is an
established commercial area make this rezoning a reasonable and appropriate
use of the property. The general welfare of the community would be advanced
by rezoning this property to commercial.
3
fl
Adequate light and air would be provided both by the design standards and the
setback requirements for new development.
PRO �XIMKORWX�
The minimum lot size for the proposed B-3 zoning on this property is 7,000
square feet. The potential development associated with this property would be
limited only by the development standards associated with the B-3 zoning
district that relate to lot coverage, the types of uses permitted under the zoning
and the environmental constraints which may be present associated with storm
drainage. However, commercial development in this area is appropriate
because of its location and the availability of urban serves. The rezoning of this
land would not create an undue concentration of people or the overcrowding of
land.
water sewerage schools parks and other public requirements?
Existing transportation, police and fire protection as well as water and sewer
currently service this property and are adequate to accommodate any
commercial expansion that may occur. Development potential of the property
is limited because of the existing use and there is adequate provision of
services that can be provided to this property.
The growth policy designates this property as commercial on the plan map and
there is significant other commercially zoned property to the west and to the
south. The location of the property with access to a street which is designated
as an arterial in an established commercial area make commercial development
of this site a reasonable request.
�• •- -! s ••- •• - •• (OMFINUMMUORRUM• - •-
The character of the area is commercial to the west and south. This property
acts as a transition area between the two land use types. The orientation of
this property along East Idaho Street as well as its proximity to other
commercial development in the area gives consistency to commercial
development in the area. This rezoning gives reasonable consideration to the
character of the area.
4
• a R ••• . •t" •t -N- •" - R R a1010000101
Additional commercial development in the area would be consistent and
compatible with existing development, thereby minimizing potential conflicts
and conserving the value of buildings in the area.
NFRO.t" "t tow Loa ir _ t" I 01et• 90JRae 4 Roma UUMM"03t R
t •.'aR • • R •t
This rezoning request is in compliance with the Kalispell Growth Policy with
regard to the location and expansion of commercial areas. The proximity to
other commercially zoned properties and access to a designated arterial make
commercial development a reasonable use of this property. Furthermore, the
rezoning is an expansion of commercial development in areas of established
commercial area. It appears that this rezoning would encourage the most
appropriate use of this property and the use of land in the planning
jurisdiction.
Staff recommends that the Kalispell City Planning Board and Zoning Commission
adopt staff report #KZC-04-2 as findings of fact and recommend to the Kalispell City
Council that the requested zone change from RA-1 to B-3 be granted.
NW
5
Tri-City Planning Office
17-Second St East, Suite 211
Kalispell, MT 59901
Phone: (406) 751-1850 Fax: (406) 751-1858
CITY OF KALISPELL
APPLICATION FOR PLANNED UNIT DEVELOPMENT (PUD)
PROJECT NAME Hilltop Inn
1. NAME OF APPLICANT: Greg Bain & Company
2. MAIL ADDRESS: 3577 Hwy 93 North,
3. CITY/STATE/ZIP: Kalispell, MT 59901 PHONE: 752-2886
NAME AND ADDRESS OF OWNER IF DIFFERENT THAT APPLICANT:
4. NAME: Rod & Tony May
5, MAIL ADDRESS: 801 E Idaho
6. CITY/STATE/ZIP: Kalispell, MT 59901 PHONE: 755-4455
7, TECHNICAL ASSISTANCE:
8. MAIL ADDRESS:
9, CITY/STATE/ZIP: PHONE:
If there are others who should be notified during the review process, please Iist those.
Check One:
-y Initial PUD proposal
Amendment to an existing PUD
A. Property Address: 801 E Idaho Str-et, Kalispell
B. Total Area of Property: 1.062 acre
C. Legal description including section, township & range: SE-4 NW-, and
NE-', SW% Sec 8 T.28N R21W Tract 2
D. The present zoning of the above property is: RA-1
E. Please provide the following information in a narrative format with supporting
drawings or other format as needed:
a. An overall description of the goals and objectives for the development of
the project.
b. In cases where the development will be executed in increments, a
schedule showing the time within phase will be completed.
C. The extent to which the plan departs from zoning and subdivision
regulations including but not limited to density, setbacks and use, and
the reasons why such departures are or are not deemed to be in the
public interest;
d. The nature and extent of the common open space in the project and the
provisions for maintenance and conservation of the common open space;
and the adequacy of the amount and function of the open space in terms
of the land use, densities and dwelling types proposed in the plan;
e. The manner in which services will be provided such as water, sewer,
storm water management, schools, roads, traffic management,
pedestrian access, recreational facilities and other applicable services
and utilities.
f. The relationship, beneficial or adverse, of the planned development
project upon the neighborhood in which it is proposed to be established
g. How the plan provides reasonable consideration to the character of the
neighborhood and the peculiar suitability of the property for the
proposed use.
h. Where there are more intensive uses or incompatible uses planned
within the project or on the project boundaries, how with the impacts of
those uses be mitigated.
i. How the development plan will further the goals, policies and objectives
of the Kalispell Growth Policy.
j. Include site plans, drawings and schematics with supporting narratives
where needed that includes the following information:
(1). Total acreage and present zoning classifications;
(2). Zoning classification of all adjoining properties;
(3). Density in dwelling units per gross acre;
(4). Location, size height and number of stories for buildings
and rises proposed for buildings;
(5). Layout and dimensions of streets, parking areas,
pedestrian walkways and surfacing;
2
APPLICATION PROCESS
APPLICABLE TO ALL ZONING APPLICATIONS:
A. Pre -Application Meeting:
A discussion with the planning director or designated member of staff must
precede filing of this application. Among topics to be discussed are: Master
Plan or Growth Policy compatibility with the application, compatibility of
proposed zone change with surrounding zoning classifications, and the
application procedure.
B. Completed application form.
C. Application fee per schedule, made payable to the Tri-City Planning Office.
PUD Zoning Review Fee
Residential $700.00 + $25/acre
Commercial $800,00 + $25/acre
Mixed Use $850.00 + $25/acre
* Deduct $200 from PUD fee if application is concurrently submitted with a
preliminary plat.
D. A bona fide legal description of the subject property and a map showing the
location and boundaries of the property.
E. A list of the names and mailing addresses of all property owners within 150 feet
of the subject property as shown on the Assessor's roll. Public streets and right
of ways are not included in the 150 feet.
Assessor No Sec-Twn-Rne Lot/Tract No Property Owner & Mailing Address
Please consult the with staff of the Tri-City Planning Office for submittal dates and
dates for the planning board meeting at which it will be heard in order that
requirements of state statutes and the zoning regulations may be fulfilled. The
application must be accepted as complete forty-five (45) days prior to the scheduled
planning board meeting.
Effective 3/ 15/04
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VICINITY MAP
GREG RAIN COMPANY
REQUEST FOR A ZONE CHANGE FROM A SPLIT ZONE OF
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CO -M NITY ELSINESS TO E-3 COMMUNITY RL'SINESS,
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801 E. IDAHO STREET
KALISPELL, MONTANA 59901
B-2 GENERAL BUSINESS ZONING
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TOTAL 48 PARKING SPACES (2 HANDICAP, S COMPACT, 38 REGULAR)
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NOTE: PARKING AREA LIGHTING TO BE BUILDING MOUNTED
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NOTE: EXISTING ORANGEIBLACKIGREEN NEON SIGN ON METAL POSTS PARKING AREA = 23,620.99 SQFT
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