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.
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- ••• •. •• • • • • -• -••-•
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
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