07. Ordinance 1513 - Text Amendment - Sublots - 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.tricitypianning-mt.com
REPORT TO: Kalispell Mayor and City Council
FROM: Narda A. Wilson, Senior Planner
Frank Garner, Acting City Manager
SUBJECT Kalispell Zoning Ordinance Text Amendment -
Sublots and Residential Uses in Commercial Districts
MEETING DATE: September 7, 2004
BACKGROUND: This is a request by the City of Kalispell to consider a number of changes
to the Kalispell Zoning Ordinance text in several zoning districts with regard to the creation
of sublots and to provide consistency in the treatment of residential uses in commercial
zoning districts. The staff explained the issues related to consistency in the language and
the need to clarify the uses and creation of sublots.
The Kalispell City Planning Board met on August 10, 2004 and held a public hearing to
consider the proposal. At the public hearing no one spoke either in favor of or in
opposition to the proposed amendments. The board discussed the proposed changes and a
motion was made and passed on a vote of 4 to 1 to recommend to the Kalispell City Council
that the Kalispell Zoning Ordinance be amended to clarify the creation of sublots in
townhouse developments and to provide consistency in the referencing of dwellings as
permitted and conditionally permitted uses in the various zoning districts; and that Section
27.22.130(2) be amended to specify that the shared interior property boundary is
anticipated to be developed at a zero lot line. The proposed amendments are attached as
Exhibit A.
RECOMMENDATION: A motion to adopt the first reading of the ordinance for amending
the Kalispell Zoning Ordinance would be in order.
FISCAL EFFECTS: Minor positive impacts once fully developed.
ALTERNATIVES: As suggested by the city council.
,g
Respectfully submitted,` `F{
Narda A. W son Frank Garner
Senior Planner Acting City Manager
Report compiled: August 27, 2004
Providing Community Planning Assistance To:
• City of Kalispell • City of Whitefish • City of Columbia Palls -
Kalispell Zoning Ordinance Text Amendment — Sublets
August 27, 2004
Page 2
c: Theresa Whit:, Kalispell City Clerk
Attachments: Transmittal letter
Staff report KZTA-04-4 and application. materials
Draft minutes from 8/ 10/04 planning board meeting
TRANSMIT/ KALI SPELT../ 2004 / KZTA-0404 MEM O. DOC
ORDINANCE NO. 1513
AN ORDINANCE AMENDING VARIOUS SECTIONS OF THE KALISPELL ZONING
ORDINANCE, (ORDINANCE NO. 1460), BY CLARIFYING THE CREATION OF
P-ITUr n-rc rlv TnW-Vr4n114Z DVVP1.nPX41WNTC A1Vn P1?nVTi111N `_ d"nNQTQ11rVN1rV'1Aj
THE TREATMENT OF RESIDENTIAL USES IN COMMERCIAL ZONING DISTRICTS,
AND DECLARING AN EFFECTIVE DATE.
WHEREAS, the City of Kalispell Zoning Administrator has submitted a written request to amend
various sections of the Kalispell Zoning Ordinance, by clarifying the creation of
sublots in townhouse developments and providing consistency in the treatment of
residential uses in commercial zoning districts, 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 to clarify the creation of sublots
and to provide consistency in the treatment of residential uses in commercial zoning
districts, 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-04-4 as the Findings of Pact applicable to this
Ordinance.
NOW , THEREFORE, ORE, BE IT ORDAINED .BY THE CITY CO L iN C1L 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 IL 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 20TH DAY OF SEPTEMBER, 2004.
Pamela B. Kennedy
Mayor
ATTEST:
Theresa White
City Clerk
EXHIBIT A
KALISPELL ZONING ORDINANCE TEXT AMENDMENT
The Kalispell City Planning Board is recommending to the Kalispell City Council that they approve the
following amendments to the Kalispell Zoning Ordinance:
ZONE
PERMITTED USE
CONDITIONAL USE
R-1
Dwelling, townhouse (configuration of
2 or more attached units
R-2
Dwelling, townhouse (configuration of
2 or more attached units
R-3
Dwelling, townhouse (configuration of
2 or more attached units
R-4
Dwelling, townhouse (configuration of
Dwelling, townhouse (configuration of
2 attached units)
3 or more attached units
R-5
Dwelling, townhouse (configuration of
Dwelling, townhouse (configuration of
2 attached units)
3 or more attached units)
RA-1
Dwelling, townhouse (configuration of
Dwelling, townhouse (configuration of
2 attached units)
3 or more attached units)
RA-2
Dwelling, townhouse (configuration of
Dwelling, townhouse (configuration of
2 attached units)
3 or more attached units)
RA-3
Dwelling, townhouse (configuration of
Dwelling, townhouse (configuration of
2 attached units)
3 or more attached units
H-1
Dwelling, townhouse (configuration of
Dwelling, townhouse (configuration of
2 attached units)
3 or more attached units)
B-1
Dwelling, townhouse (configuration of
Dwelling, townhouse (configuration of
2 attached units)
3 or more attached units)
B-2
Dwelling, townhouse (configuration of
2 or more attached units)
B-3
Dwelling, townhouse (configuration of
2 or more attached units) *residential
use not presently allowed; see below
re ardin general housekeeping
B-4
Dwelling, townhouse (configuration of
2 or more attached units
The above zones are included because they allow multifamily dwellings and/or cluster
developments. If not appropriate for the given zone, adjustments can be made. In addition to
those amendments, Section 27.22.130 should also be amended, and a definition for "sublot"
should be developed:
27.22.130: Sublots. Dwellings may be constructed on sublots within any zoning district,
which permits multi -family dwellings, or cluster housing or townhouse dwellings.
Sublots are subject to subdivision approval and, if required, a conditional use
perry it.
(1). Site Requirements.
(a). Sublots are eligible only within a recorded subdivision lot whose
area is at least 6,000 square feet.
(b). The allowable number of sublots shall be determined by dividing
the gross area of the platted lot by the density limits of the
applicable zoning district. In the event that the desi n utilizes
common ownership of common areas the area of the lotsplus the
common area shall be divided by the density limits of the applicable
zonin district to determine the allowable number of sublots. In no
case, however, shall a sublot have an area less than 2,000 square
feet nor more than one dwelling unit thereon.
(2). Building Limitations. The yard, height, and area requirements of the district
shall apply to the entire area of the platted lot. Common ownership of the
setbaek areas, yards is enrage permitted. Shared interior p operty
bounda ies is anticipated to be developed at a zero lot line.
27.37,010: 233 Sublot. A portion of a platted lot designated for separate ownership from
other portions of the lot and used for townhouse or other construction that has
separate ownership of parcels. Areas of common ownership to be utilized as o en
space, setback areas or for other puEpose.s are not considered to be sublots.
GENERAL HOUSEKEEPING (RESIDENTIAL USES)
Finally, several of the "B" zones include residential uses, but the format is not consistent with the
"R" and "RA" zones. "Multifamily dwellings" in the B-2, for example, are listed and "dwellings,
multifamily" are listed in the "RA" zones. The following amendments are recommended
B-2: Add: Dwelling, Duplex
Dwelling, Multi -family
Dwelling, Single Family
Delete: Multi -family dwellings
13-3: Add: Dwelling, Duplex
Dwelling, Multi -family
Dwelling, Single Family
B-4: Delete: Dwellings, Multi -family above first story
( Superfluous — no reason to remain unless intended to not allow
multi -family above first story in other zones}
Tri-City Planning Office
17 Second Street East - Suite 211
Kalispell, Montana 59901
Phone: (406) 751-1850
Fax: (406) 751-1858
tricity@centurytel.net
August 27, 2004
Frank Garner, Acting City Manager
City of Kalispell
P.O. Box 1997
Kalispell, MT 59903
Re: Kalispell Zoning Ordinance Text Amendment - Creation. of Sublots/Residential
Uses in Commercial Zoning Districts
Dear Frank:
The Kalispell City Planning Board met on August 10, 2004 and held a public hearing
to consider a request by the City of Kalispell to consider a number of changes to the
Kalispell Zoning Ordinance text in several zoning districts with regard to the creation
of sublots and to provide consistency in the treatment of residential uses in
commercial zoning districts.
Narda Wilson of the Tri-City Planning Office, presented staff report #KZTA-04-4
evaluating the proposal and recornmended approval of the proposed amendments.
At the public hearing no one spoke either in favor or in opposition to the proposed
amendments.
The board discussed the proposed changes and a motion was made and passed on a
vote of 4 to 1 to recommend to the Kalispell City Council that the Kalispell Zoning
Ordinance be amended to clarify the creation of sublots in townhouse developments
and to provide consistency in the referencing of dwellings as permitted and
conditionally permitted uses in the various zoning districts; and that Section
27.22.130(2) be amended to specify that the shared interior property boundary is
anticipated to be developed at a zero lot line. The proposed amendments are attached
as Exhibit A.
Please schedule this matter for the September 7, 2004 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.
Sincerely,
Kalispell City Planning Board
Gorge aylor
President
GT/NW/ma
Providing Community Planning Assistance To:
• City of Kalispell • City of Columbia Falls • City of Whitefish •
Kalispell Zoning Ordinance Text Amendment— Sublotsl
Residential Uses In Commercial Zones
August 27, 2004
Page 2
Attachments: Exhibit A
Staff report #KZTA-04-4 and application materials
Minutes 8/ l0/04 planning board meeting
c w/ Att: Theresa White, Kalispell City Clerk
c w/o Att: P.J. Sorensen, Zoning Administrator, City of Kalispell, P.O. Box 1997,
Kalispell, MT 59903-1997
Kalispell Zoning Ordinance Text Amendment — Sublots/
Residential Uses :In Commercial Zones
August 27, 2004
Page 3
EXHIBIT A
KALISPELL ZONING ORDINANCE TEXT AMENMENT - SUBLOTS/RESIDENTIAL
USES IN COMMERCIAL ZONES
AS RECOMMENDED BY THE KALISPELL CITY PLANNING BOARD
AUGUST 10, 2004
The Kalispell. City Planning Hoard is recommending to the Kalispell City Council that
they approve the following amendments to the Kalispell Zoning Ordinance:
ZONE
..............
PERMITTED USE
CONDITIONAL USE
R-1
Dwelling, townhouse
(configuration of 2 or more
attached units
R-2
Dwelling, townhouse
(configuration of 2 or more
attached units
R-3
Dwelling, townhouse
(configuration of 2 or more
attached units
R-4
Dwelling, townhouse (configuration
Dwelling, townhouse
of 2 attached units)
(configuration of 3 or more
attached units)
R-5
Dwelling, townhouse (configuration
Dwelling, townhouse
of 2 attached units)
(configuration of 3 or more
attached units
RA- I
Dwelling, townhouse (configuration
Dwelling, townhouse
of 2 attached units)
(configuration of 3 or more
attached units
RA-2
Dwelling, townhouse (configuration
Dwelling, townhouse
of 2 attached units)
(configuration of 3 or more
attached units
RA-3
Dwelling, townhouse (configuration
Dwelling, townhouse
of 2 attached units)
(configuration of 3 or more
attached units
Kalispell Zoning Ordinance Text Amendment -- Sublots/
Residential Uses In Commercial Zones
August 27, 2004
Page 4
H-1
Dwelling, townhouse (configuration
Dwelling, townhouse
of 2 attached units)
(configuration of 3 or more
attached units)
B-1
Dwelling, townhouse (configuration
Dwelling, townhouse
of 2 attached units)
(configuration of 3 or more
attached units
B-2
Dwelling, townhouse (configuration
of 2 or more attached units
B-3
Dwelling, townhouse (configuration
of 2 or more attached units)
*residential use not presently
allowed; see below regarding
general housekeeping
B-4
Dwelling, townhouse (configuration
of 2 or more attached units)
The above zones are included because they allow multifamily dwellings and/or
cluster developments. If not appropriate for the given zone, adjustments can be
made. In addition to those amendments, Section 27.22.130 should also be
amended, and a definition: for "sublot" should be developed:
27.22,130: Sublots. Dwellings may be constructed on sublots within any zoning
district, which permits multi -family dwellings, er chaster housing or
townhouse dwellings. Sublots are subject to subdivision approval and,
if required, a conditional use permit.
(1). Site Requirements.
(a). Sublots are eligible only within a recorded subdivision lot
whose area is at least 6,000 square feet.
(b). The allowable number of sublots shall be determined by
dividing the gross area of the platted lot by the density
limits of the applicable zoning district. In the event that
the design utilizes common ownership of common areas,
the area of the lot(s) plus the common area shall be
divided by the density limits of the applicable zoning
district to determine the allowable number of sublots. In
no case, however, shall a sublot have an area less than
2,000 square feet nor more than one dwelling unit
thereon.
(2). Building Limitations. The yard, height, and area requirements of
the district shall apply to the entire area of the platted lot.
Common ownership of the setback areas yards is encouraged
permitted.
Kalispell Zoning Ordinance Text Amendment Sublotsl
Residential Uses In Commercial Zones
August 27, 2004
Page 5
27.37.010: (23.3.1 Sublot. A ortion of a platted lot designated for separate
ownershi from other portions of the lot and used for townhouse or
other construction that has separate ownership of parcels. Areas of
common ownership to be utilized as open space, setback areas, or for
other purposes are not considered to be sublots.
GENERAL HOUSEKEEPING (RESIDENTIAL USES)
Finally, several of the "B" zones include residential uses, but the format is not
consistent with the "R" and "RA" zones. "Multifamily dwellings" in the B-2, for
example, are listed and "dwellings, multifamily" are listed in the "RA" zones. The
following amendments are recommended
B-2: Add: Dwelling, Duplex
Dwelling, Multi -family
Dwelling, Single Family
Delete: Multi -family dwellings
B-3: Add: Dwelling, Duplex
Dwelling, Multi -family
Dwelling, Single Family
B-4: Delete: Dwellings, Multi -family above first story
{Superfluous - no reason to remain unless intended to not
allow multi -family above first story in other zones}
CITY OF KALISPELL
TRI-CITY PLANNING OFFICE
STAFF REPORT #KZTA-04-4
AUGUST 2, 2004
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 August 10, 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 amendments to the Kalispell Zoning Ordinance
that addresses the creation of sublots and to provide consistency in the treatment of
residential uses in commercial zoning districts. The amendments are intended to
provide consistency and clarity in the regulations with regard to the creation of
sublots.
A. Petitioner: PJ Sorensen, ,Zoning Administrator
City of Kalispell
P.O. Box 1997
Kalispell, MT 59903
(406) 758-7732
B. Area Effected by the Proposed Changes: Any area within the Kalispell zoning
jurisdiction could be affected by the proposed changes.
C. Proposed Amendments: The applicants are proposing a number of changes to
the zoning ordinance text in several zoning districts with regard to the creation
of sublots and to address residential uses in commercial zoning districts. The
specific proposed changes are outlined in attached Exhibit A.
D. Staff Discussion: This issue arose during staff discussion regarding the
treatment and interpretation of the creation of sublots. It was determined that
the most straightforward approach was to initiate a text amendment that
addressed the concerns of the planning office and including definitions that
were concerns of the building department. The amendments are intended to
create a clear distinction between a townhouse unit and a duplex or multi-
family dwelling. Additionally, some general "housekeeping" type amendments
are included in this, which relate to the nomenclature for multi -family
dwellings and how they are listed in the zoning ordinance.
The B-2 allows multi -family dwellings as a permitted use, but not single-
family or duplex. It doesn't seem consistent to allow one but not the other.
Additionally, there are single- family residences in B-2 zones, which exist as
non -conforming uses and are therefore subject to those limitations associated
with non -conforming uses. Including single family and duplex dwellings in
the B-2 would make them conforming uses and provide consistency in the
regulations.
Page I of 7
Additionally, there are few differences between the B-2 and B-3 zoning
districts other than the B-2 allows outdoor display of large merchandise such
as auto and boat sales. Aside from these they both allow a wide variety of
commercial, retail and office uses. The B-3 is described as a community
business district and generally allows uses that have a similar or less impact
than the B-2, a general business district. The same residential uses should
be allowed in both districts to provide consistency in the regulations.
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.
The growth policy anticipates a variety of housing types and options in the
community and encourages commercial uses to be more mixed use in nature
thereby lessening the impacts of travel and to create more vibrant downtown
and commercial areas. 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 the traffic volumes are generally
anticipated with the subdivision of land and adequate mitigation measures are
taken such as the construction of new roadways. These amendments will not
affect overall traffic patterns, amount of traffic in an area or significantly
contribute to traffic congestion.
The proposed amendments would not reduce any security from fire or other
health and safety issues. All new construction is required to be constructed in
compliance with all applicable building, fire and safety codes. There would be
no compromise with regard to public safety.
The general health and welfare of the public will be promoted by providing
consistent language and treatment of the creation of sublots and how they are
treated in the various zoning districts.
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,
Page 2 of 7
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. The allowance of residential uses in the commercial
area, would not significantly impact land use in general. Commercial areas
where they are proposed as a permitted use already anticipate rather intensive
land uses. Including residential uses and the creation of sublots would not
result in the overcrowding of land or the undue concentration of people.
R •. •• • •- MINIM u-r
The amendment would not impact the availability of public services. These
types of uses would be able to be developed in both the commercial and
residential areas without having an adverse impact on the availability or
provision of public services and utilities.
8. Does e-requested zone give consideration to
:proipert�Z for �particular uses?
The proposed change gives adequate consideration to the suitability of the
properties cohere these uses would be found and will promote the suitability of
properties for the proposed use.
The character of the area in which the residential uses are proposed would not
be altered because of the proposed change. Typically townhouses are found in
residential areas and to an extent some commercial areas. Including
townhouses in the commercial areas as a permitted use gives reasonable
consideration to the character of the district. Townhouses generally have a less
intensive commercial character than other uses and would fit well in the
commerciallv zoned areas.
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.
Page 3 of 'i
s •.•a• s' .• 1! �
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 residential options in a safe and healthy environment.
STIMMARY AND DISCUSSION: The staff supports amendments to the zoning
regulations to address the creation of sublots and the consistency of the
nomenclature dealing with multi -family dwelling and having them located in the
commercial areas. Townhouses are generally less intensive in nature than other uses
found in the commercial districts. Expansion of the areas in which they are permitted
is reasonable and townhouses 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-04-4 and recommend to the Kalispell City Council that amendments to
the Kalispell Zoning Ordinance be adopted as outlined in attached Exhibit A.
Page 4 of 7
EXHIBIT A
RECOMMENDED AMENDMENTS TO THE KALISPELL ZONING ORDINANCE
SUBLOTS AND RESIDENTIAL USES IN COMMERCIAL ZONES
ZONE
PERiV =ED USE
CONDITIONAL USE
R-1
i
Dwelling, townhouse
(configuration of 2 or more
attached units
€ R-2
; Dwelling, townhouse
(configuration of 2 or more
attached units
R-3
Dwelling, townhouse
(configuration of 2 or more
attached units
R-4
Dwelling, townhouse (configuration
Dwelling, townhouse
of 2 attached units)
(configuration of 3 or more
attached units
R-5
Dwelling, townhouse (configuration
Dwelling, townhouse
of 2 attached units)
(configuration of 3 or more
attached units
RA-1
Dwelling, townhouse (configuration
Dwelling, townhouse
of 2 attached units)
(configuration of 3 or more
attached units
RA-2
Dwelling, townhouse (configuration
Dwelling, townhouse j
of 2 attached units)
(configuration of 3 or more
attached units
RA-3
Dwelling, townhouse (configuration
Dwelling, townhouse
of 2 attached units) i
(configuration of 3 or more
I
attached units
H-1
Dwelling, townhouse (configuration
Dwelling, townhouse
of 2 attached units)
(configuration of 3 or more
attached units)
-1
Dwelling, townhouse (configuration
Dwelling, townhouse
—7
[--7��-
of 2 attached units)
(configuration. of 3 or more
attached units)
B-2
Dwelling, townhouse (configuration
of 2 or more attached units
1 B-3
Dwelling, townhouse (configuration E
of 2 or more attached units) !
1
j*residential
use not presently
allowed; see below regarding
eneral housekeeping
j B-4 i
Dwelling, townhouse (configuration
of 2 or more attached units
Page 5 of 7
The above zones are included because they allow multifamily dwellings and(or
cluster developments. If not appropriate for the given zone, adjustments can be
rn'a AP Try aArlitinn to tlhnca am Pn rlmantc Car-tinn 07 90 1 q0 �Tn111A melon 1-e
amended, and a definition for "sublot" should be developed:
27.22.130: Sublots. Dwellings may be constructed on sublots within any zoning
district, which permits multi -family dwellings, or cluster housing or
townhouse dwellings. Sublots are subject to subdivision approval an,
if required, a conditional use permit.
(1). Site Requirements.
(a). Sublots are eligible only within a recorded subdivision lot
whose area is at least 6,000 square feet.
(b). The allowable number of Sublots shall be determined by
dividing the gross area of the platted lot by the density
limits of the applicable zoning district. In the event that
the area Qf the lut(s) :plus Jhf- comraon area shall. be
divided by the density limits of the applicable zoning
district to determine the allowable number of suhlots. In
no case, however, shall a sublot have an area less than.
2,000 square feet nor more than one dwelling unit
thereon.
(2). Building Limitations. The yard, height, and area requirements of
i11G Ul.7 i11(JL ullclll aIJ I31y LV L11G ell L$1G area. Vl L11G P1cl.L0GC.1 1V L.
Common ownership of the setback areas yards is encouraged
permitted.
GENERAL HOUSEKEEPING (RESIDENTIAL USES)
Finally, several of the "B" zones include residential uses, but the format is not
consistent with the "R" and "RA" zones. "Multifamily dwellings" in the B-2, for
example, are listed and "dwellings, multifamily" are listed in the "RA" zones. The
following amendments are recommended
B-2: Add: Dwelling, Duplex
Dwelling, Multi -family
Dwelling, Single Family
Delete: Multi -family dwellings
Page 6 o1 7
B-3: Add: Dwelling, Duplex
Dwelling, Multi -family
Dwelling, Single Family
B-4: Delete: Dwellings, Multi -family above first story
{superfluous - no reason to remain unless intended to not
allow rnulti-family above first story in other zones!
Page 7 of 7
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: City of Kalispell Attn. PJ Sorensen
MAILING ADDRESS: P.O. Box 1997
CITY/STATE/ZIP: Kal%�p_el]. MT 59903 PHONE: 406-758--7732
WHAT IS THE PROPOSED ZONING TEXT AMENDMENT?
Amend various sections of the zoning ordinance to clarify the treatment of the
creation of sublots and to provide consistency in the treatment of residential uses in the
commercial zones.
WHAT IS THE PURPOSE OR INTENT OF THE PROPOSED TEXT AMENDMENT?
To provide consistency and clarity to the re!,mlations.
A. Promoting the Growth. Policy
B. Lessening congestion in the streets and providing safe access
C. Promoting safety from fire, panic and other dangers
D, Promoting safety from fire, panic and other dangers
E. Preventing the overcrowding of land
F. Avoiding undue concentration of population
G. Facilitating the adequate provision of transportation, water, sewage, schools,
parks, and other public facilities
H. Giving reasonable consideration to the character of the district
T. Giving consideration to the peculiar suitability of the property for particular uses
J. Protecting and conserving the value of buildings
2
K. Encouraging the most appropriate use of land by assuring orderly growth
(Applicant Signature)
(Date)
3
City of Kalispell
7� A ,a,s, .,+__+1
LVii.ing r'1t_LII. IlI,'>UaLiJr
248 3,4 avenue East -- Kalispell, MT 59901 -- Telephone (406) 758- 7732 — Fax (406) 759-7739
MEMORANDUM
TO: NARDA WILSON, CITY PLANNER
FROM: PJ SORENSEN, ZONING ADMINISTRATOR
DATE: TUNE 2, 2004
RE: SUBLOT TEXT AMENDMENT
At the meeting on May 25 with Tom, Charlie, Craig, and Chris, we discussed the
disagreement over the interpretation of sublots. It was decided that I would draft a text
amendment to try to bridge that gap by establishing the process desired by the Planning Office
along with the definitions desired by the Building Department.
In a nutshell, the new provisions would recognize a distinction between a townhouse and
a duplex/multifamily dwelling. That distinction would include a definition presently in the
ordinance for townhouses as "ownership of a parcel of land with an attached single-family
dwelling unit.. . ." Any townhouse configuration exceeding the base number of dwelling units
per lot would require a CUP (e.g. more than I in an R-3, more than 2 in an R-4, etc). To that
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ZONE
PERMITTED USE
CONDITIONAL USE
R-1
Dwelling, townhouse (configuration of 1
2 or more attached units)
R-2
Dwelling, townhouse (configuration of
2 or more attached units)
R-3
Dwelling, townhouse (configuration o.f
2 or more attached units)
R-4
Dwelling, townhouse (configuration of
Dwelling, townhouse (configuration of ,
2 attached units)
3 or more attached units) E
R-5
Dwelling, townhouse (configuration of
Dwelling, townhouse (configuration of
2 attached units)
_3 or more attached units)
RA-1
Dwelling, townhouse (configuration of j
Dwelling, townhouse (configuration of
2 attached units) i
3 or more attached units)
RA-2
Dwelling, townhouse (configuration of j
Dwelling, townhouse (configuration of
2 attached units) 1
3 or more attached units)
RA-3
D,velling, townhouse (configuration of
Di elling, townhouse (configuration of
2 attached units) !
3 or more attached units)
1-1-1
Dwelling, townhouse (configuration of
Dwelling, townhouse (configuration of
2 attached units)
3 or more attached units)
B-1
Dwelling, townhouse (configuration of Dwelling, townhouse (configuration of
2 aitacnea units) ; 3 or more attached units)
B-2
Dwelling, townhouse (configuration. of
2 or more attached units)
B-3
j Dwelling, townhouse (configuration of
2 or more attached units) *residential
use not presently allowed; see below
regarding general housel eeping
B-4
Dwelling, townhouse (configuration of
2 or more attached units)
The above zones are included because they allow multifamily dwellings and/or cluster
developments. if not appropriate for the given zone, adjustments can be made. In addition to
those amendments, Section 27.22.130 should also be amended, and a definition for "sublot"
should be developed:
27.22.130: Sublots. Dwellings may be constructed on sublots within any zoning district
which permits n+uld family dwellings of elttstef lie townhouse dwellings.
Sublots are subject to subdivision approval and. if required. a conditional use
permi .
(1). Site Requirements.
(a). Sublots are eligible only within a recorded subdivision lot whose
a7'Pa is at 1Part t� OnO-zminrP fPPt
{b). The allowable number of sublots shall be determined by dividing
the gross area of the platted lot by the density limits of the
applicable zoning district. In the event that the design utilizes
common ownership of common areas. the area of the lot(s) plus the
common area shall be divided by the density limits of the
a licable zoning district to determine the allowable number of
sublots. In no case, however, shall a sublot have an area less than
2,000 square feet nor more than one dwelling unit thereon. JAs an
aside, have you used the growth policy densities or minimum
lot sizes when calculating the number of subblots? I think the
language should be made more clear.;
(2). Building Limitations. The yard. height, and area requirements of the
district shall apply to the entire area of the platted lot. Common ownership
of the se4baek n yards is enc-euraaed permitted.
27.31.010: (233) Sublot. A portion of a olatted lot designated for separate ownership from
other aortions of the lot and used for townhouse construction. Areas of common
ownership to be utilized as open space, setback areas. or for ether puEposes are
not considered to be sublots.
GENERAL HOUSEKEEPING (RESIDENTIAL USES)
Since we are looking at amending residential uses anyway, I thought this would present
us with the opportunity to clean up the treatment of residential uses in a few areas.
First, the B-2 allows multifamily dwellings as a permitted use, but not single family or
duplex. It doesn't seem to make sense to require 3 units on a property if someone only wishes to
do 2. Also, there are a fair number of single family residences in B-2 zones, particularly south of
West Center St, and a text amendment would .make them conforming.
Second, the B-2 and the B-3 are very similar. The B-3 is a "community business" area,
rather than general business, but other than a few differences with some uses (notably auto sales
lots and other outdoor sales areas), they are basically the same. Since the B-3 is designed as less
of a commercial area, even if just marginally, I cannot think of a reason why the B-2 would
allow residential use but the B-3 would not.
Finally, several of the "B" zones include residential uses, but the format is not consistent
with the "R" and "RA" zones. I have helped several people that could not locate "multifamily
dwellings" in the B-2, for example, because they were looking for "dwellings, multifamily" as it
is described in the "RA" zones.
I would suggest the following changes:
B-2: Add: Dwelling, Duplex
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Dwelling, Single Family
Delete: Multi -family dwellings
B-3: Add: Dwelling, Duplex
Dwelling, Multi -family
Dwelling, Single Family
B-4: Delete: Dwellings. Multi -family above first story 'superfluous — no reason
to remain unless intended to not allow multi -family above first
story in other zones' J