3. Ordinance 1513 - Text Amendment - Sublots - 2nd ReadingREPORT TO:
FROM:
SU13JECT
T1ri-C#y Planning Office
17 Second Street East — Suite 211
Kalispell, Montana 59901
shone: (4v5) 75i-i05u
Fax: (406) 751-1858
tricity@centurytel.net
www.tricitypianning-mt.com
Kalispell Mayor and City Council
Narda A. Wilson, Senior Planner
Frank Garner, Interim City Manager
Second Reading - Kalispell Zoning Ordinance Text Amendment -
Sublots and Residential. Uses in Commercial Districts
MEETING DATE: September20, 2004
BACKGROUND: This is the second reading of an ordinance on 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 Council approved the first reading of the ordinance at their regular
meeting of September 7, 2004. On August 10, 2004 the planning board held a public
hearing 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.
RECOMMENDATION: A motion to adopt the second reading of the ordinance for amending
the Kalispell Zoning Ordinance would be in order.
FISCAL EFFECTS:
ALTERNATIVES:
Minor positive impacts once fully developed.
As suggested by the city council. l
a'
r
�f
Frank Garner
Interim City Manager
Report compiled: September 15, 2004
c: Theresa White, Kalispell City Clerk
TRANSMIT/ KALISPELL/ 2004 / KZTA--0404MEMO2 . DOC
Providing Community Planning Assistance To:
• City of Kalispell • City of Whitefish • City of Columbia Falls
ORDINANCE NO. 1513
AN ORDINANCE AMENDING VARIOUS SECTIONS OF THE KALISPELL ZONING
ORDINANCE, (ORDINANCE NO. 1460), BY CLARIFYING THE CREATION OF
SUBLOTS IN TOWNHOUSE DEVELOPMENTS AND PROVIDING CONSISTENCY IN
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 Fact applicable to this
Ordinance.
NOW, THEREFORE, BE IT 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 as follows on Exhibit "A" attached hereto and thereby made a part
hereof.
SECTION 11, All parts and portions of Ordinance No. 1460 not amended hereby remain
unchanged.
SECTION IIL 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)
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
7 A- it -a C-1 P.d TlilifC I
I fir Tnl)Yf- attar hed linitsl I
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 eneral housekee in
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 constricted on sublots within any zoning district,
which permits multi -family dwellings, or cluster housing or townhouse dwellin s.
Sublots are subject to subdivision approval and, if required, a conditional use
ep nnit.
(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 lots plus the
common area shall be divided by divided b the density.limits of the ap plicabie
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
s tbaek ftYe.,, ards is eneeufag-ed permitted. Shared interior property
boundary(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 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}