Loading...
13. Ordinance 1505 - Zoning Text Amendment - Day Care Centers - 1st Reading13;T*jTQA 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.tricityptanning-mt.com Kalispell Mayor and City Council Narda A. Wilson, Senior Planner Chris A. Kukulski, City Manager Kalispell Zoning Ordinance Text Amendment — Day Care Centers as a Permitted Use in the B-2, General Business, Zoning District MEETING DATE: July 6, 2004 BACKGROUND: This is a request initiated by the City of Kalispell to include day care centers in the B-2, General Business, zoning district in the Kalispell Zoning Ordinance. This amendment is considered "housekeeping" in that day care centers are listed as permitted uses in all of the other commercial zoning districts. This discrepancy came to light while the City was in the process of assisting Head Start with a facilities grant for property they identified for a new Head Start facility that is zoned B-2. The Kalispell City Planning Board met on June 9, 2004 and held a public hearing to consider the proposed amendment. At the public hearing no one spoke either in favor or in opposition to the proposed amendment. The board discussed the proposed changed and agreed that the amendment was warranted. A motion was made and passed unanimously to recommend to the Kalispell City Council that day care centers be included as a permitted use in the B-2, General Business, zoning district. RECOMMENDATION: A motion to adopt the first reading of the ordinance including day care centers as a permitted use in the B-2 zoning district would be in order. FISCAL EFFECTS: ALTERNATIVES: Respectfully submitted, yET, Narda A. Wilson Senior Planner None. As suggested by the City Council. l4r/2�" Chris A. Kukulski City Manager Providing Community Planning Assistance To: • City of Kalispell • City of Whitefish • City of Columbia Falls Kalispell Zoning Ordinance Text Amendment - Day Care Centers June 22, 2004 Page 2 Report compiled: June 22, 2004 c: Theresa White, Kalispell City Clerk Attachments: Transmittal letter Staff report #KZTA-04-2 and application materials Draft minutes from 6/9/04 planning board meeting TRANSMIT\KALISPEL\2004\KZTA04-1 ORDINANCE NO.1505 AN ORDINANCE AMENDING THE KALISPELL ZONING ORDINANCE, (ORDINANCE NO. 1460), BY ALLOWING DAY CARE CENTERS IN THE B-1, GENERAL BUSINESS ZONE, AS A PERMITTED USE AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City of Kalispell has submitted a written request to amend Section 27.14.020 of the Kalispell Zoning Ordinance, by allowing Day Care Centers as a permitted use in the B-1, General Business zone, 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 Day Care Centers be allowed as a permitted use in the B-1, General Business zoning 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-04-2 as the Findings of Fact applicable to this Ordinance. NOW, THEREFORE, BE IT ORDAIN-ED 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 as follows on Exhibit "A", attached hereto and thereby made a part hereof. SECTION H. All parts and portions of Ordinance No. 1460 not amended hereby remain unchanged. SECTION III. 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 19TH DAY OF JULY, 2004. Pamela B. Kennedy Mayor ATTEST: Theresa White City Clerk EXHIBIT A KALISPELL ZONING ORDINANCE TEXT AMENDMENT CHAPTER 27.14 B-2 GENERAL BUSINESS 27.14.020: Permitted Uses. • Day Care Centers Tri-City Planning Office 17 Second Street East - Suite 211 Kalispell, Montana 59901 June 22, 2004 Phone: (406) 751-1850 Fax: (406) 751-1858 tricity@centurytel.net Chris Kukulski, City Manager City of Kalispell P.O. Box 1997 Kalispell, MT 59903 Re: Kalispell Zoning Ordinance Text Amendment - Day Care Centers in the B-2 Zoning District Dear Chris: The Kalispell City Planning Board met on June 9, 2004 and held a public hearing to consider a request by the City of Kalispell to consider including day care centers in the B-2, General Business, zoning district in the Kalispell Zoning Ordinance. This amendment is considered "housekeeping" in that day care centers are listed as permitted uses in all of the other commercial zoning districts. This discrepancy came to light while the City was in the process of assisting Head Start with a facilities grant for property they identified for a new Head Start facility that is zoned B-2. Narda Wilson of the Tri-City Planning Office, presented staff report #KZTA-04-2 evaluating the proposal and recommended approval of the proposed amendments. At the public hearing no one spoke either in favor or in opposition to the proposed amendment. The board discussed the proposed changed and agreed that the amendment was warranted. A motion was made and passed unanimously to recommend to the Kalispell City Council that day care centers be included as a permitted use in the B-2, General Business, zoning district. Please schedule this matter for the July 6, 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 Board George Taylor President GT/NW/ma Providing Community Planning Assistance To: • City of Kalispell • City of Columbia Falls • City of Whitefish Kalispell Zoning Ordinance Text Amendment — Day Care Centers June 22.2004 Page 2 Attachments: Exhibit A Staff report #KZTA-04-2 and application materials Minutes 6/9/04 planning board meeting c w/ Art: Theresa White, Kalispell City Clerk Kalispell Zoning Ordinance Text Amendment— Day Care Centers June 22, 2004 Page 2 KALISPELL ZONING ORDINANCE TEXT AMENMENT - DAY CARE CENTERS AS RECOMMENDED BY THE KALISPELL CITY PLANNING BOARD JUNE 9, 2004 The Kalispell City Planning Board is recommending to the Kalispell City Council that they approve the following amendment to the Kalispell Zoning Ordinance: CHAPTER 27.14 B-2 GENERAL BUSINESS 27.14.020: Permitted Uses. • Day Care Centers CITY OF KALISPELL TRI-CITY PLANNING OFFICE STAFF REPORT #KZTA-04-2 JUNE 2, 20041 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 June 9, 2004 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 The City of Kalispell is proposing an amendment to the Kalispell Zoning Ordinance that addresses an amendment to the B-2, General Business, zoning district to allow day care centers as a permitted. Currently day care centers are not listed as either a permitted or conditionally permitted use in that zone, but are listed as a permitted use in all of the other business districts. A. Petitioner: Chris Kukulski, City Manager City of Kalispell P.O. Box 1997 Kalispell, MT 59903 (406) 758-7701 B. Area Effected by the Proposed Changes: Any area within the Kalispell zoning jurisdiction that is zoned B-2, General Business, could be effected by the proposed changes. C. Proposed Amendments: The applicants are proposing to include day care centers in the B-2, General Business, zoning district as a permitted use. Day care is specifically defined in Section 27.37.010(69) in the zoning ordinance as "A use which means care for children or adults other than the parent or other person living with the individual on a regular basis for daily periods of less than 24 hours, whether that care is for daytime or nighttime hours. Regular basis means providing supplemental care to separate families for three or more consecutive weeks. Family day care home means a place in which supplemental care is provided to three to six children or adults on a regular basis. Group day care home means a place in which supplemental care is provided to seven to 12 children or adults on a regular basis. Day care center means a place in which care is provided to 13 or more children or adults on a regular basis." D. Staff Discussion: The overall effect of the proposed amendment would be to allow day care center uses in a commercial zone where they are currently not allowed, but are allowed in all of the other business districts. This appears to be an oversight which the City is trying to correct. An impetus for this change is the City's participation in assisting Head Start in developing a new facility. They have located property that is zoned B-2, General Business. When researching the feasibility of this site for the new Head Start facility, it came as Page 1 of 4 a surprise to the staff that day care centers had been inadvertently omitted from the B-2 district, but were allowed either as a permitted or conditionally permitted use in most of the other zoning districts. Day care centers are listed as a conditionally permitted use in the B-1 district, a permitted use in the B-3 and B-4. Day care centers are also listed as a conditionally permitted use in residential zoning districts R-1, R-2, R-3, R-4, R-5, RA-1, RA-2 and RA-3. As proposed, day care centers would also be included in the B-2, General Business, zoning district as a permitted use. 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. �•- •- -•.- -• •r- rr• a •- MU •• The growth policy generally anticipates uses considered support services such as schools, churches, community centers and day care facilities in most areas of the community. By including day care centers in the commercial areas of the community, the day care -types of uses would be encouraged and possibly easier to operate. The proposed amendment would generally promote the goals and objectives of the growth policy plan. 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 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. The proposed amendment would not reduce any security from fire or other health and safety issues. All day care facilities are required to be licensed by the state and are inspected for compliance. There would be no compromise with regard to public safety. r- •. • r<r• •rr• • •- •. • (ham The general health and welfare of the public will be promoted by encouraging child care facilities in a convenient setting, by providing child care and day care options within the community and by improving the availability of these services. Page 2 of 4 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. The proposed change would not increase the intensity of uses currently allowed within the zoning districts. Day care facilities would be promoted by increasing the number of areas in which they can locate. The commercial areas where they are proposed as a permitted use already anticipate rather intensive land uses. Including day care centers would not result in the overcrowding of land or the undue concentration of people. • 'FM 6• - -• •.- •- ,•-• - • • •• . .. ••anI ate) on - ••• •. •• • • • • -• -••-• The amendment would not impact the availability of public services. This type of use, day care facilities, would be able to operate in the commercial areas without having an adverse impact on the availability or provision of public services and utilities. Pre school and day care facilities are generally found and would be appropriate within all areas of the community with the exception of perhaps some industrial 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. The character of the area in which the day care centers are proposed would not be altered because of the proposed change. Typically day care uses are found in residential areas and to an extent some commercial areas. Including day care centers in the commercial areas as a permitted use gives reasonable consideration to the character of the district. Day care centers generally have a more commercial character than day care homes and would fit well in the commercially zoned areas of the county. The commercial districts allow many types of intensive uses, and the value of buildings will be conserved by promoting and encouraging compatible uses in Page 3 of 4 the commercial districts. These amendments will conserve the value of buildings. The most appropriate land uses throughout the jurisdiction are promoted by encouraging complementary and compatible uses which promote the general well-being of all citizens of the community, including our younger, older and disabled citizens. These changes will not only encourage appropriate land uses through the planning jurisdiction, but will also provide greater opportunities for child care and day care in a safe and healthy environment. SiTMMARY AND DIRCTSSION- The staff supports amendments to the zoning regulations to allow day care in the B-2, General Business, zoning district because of the convenience of having them Iocated in the commercial areas and the need for day care within the community. Day care centers are generally more commercial in nature than day care homes and are only allowed in limited areas of the community. Expansion of the areas in which they are permitted is reasonable and day care centers are compatible with other uses allowed in the commercial areas. Staff recommends that the Kalispell City Planning Board adopt the findings in staff report KZTA-04-2 and recommend to the Kalispell City Council that "day care centers" be included as a permitted use in the B-2, General Business, zoning district. NW Page 4 of 4 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 KALISPELL NAME OF APPLICANT: Chris Kukulski. City Manager Citv of Kalispell MAILING ADDRESS: P.O. Box 1997 CITY/STATE/ZIP: Kalispell, MT 59903 PHONE: (406) 758-7701 WHAT IS THE PROPOSED ZONING TEXT AMENDMENT? Allow day care as a permitted use in B-2, General Commercial, Zoning District Section 27.14.020 permitted uses WHAT IS THE PURPOSE OR INTENT OF THE PROPOSED TEXT AMENDMENT? to allow day care as a permitted use in the commercial districts. HOW WILL THE PROPOSED CHANGE ACCOMPLISH THE INTENT AND PURPOSE OF: A. Promoting the Growth Policy K. Encouraging the most appropriate use of land by assuring orderly growth Aw (Applicant Signature) ( ate 3