6. Ordinance 1463 - Text Amendment - Mark Rhodes - 2nd ReadingSUBJECT
Tri-City Planning Office
17 Second Street East - Suite 211
Kalispell, Montana 59901
Phone: (406) 751-1850
Fax: (406) 751-1858
tricity@centurytel.net
Kalispell Mayor and City Council
Narda A. Wilson, Senior Planner
Chris A. Kukulski, City Manager
Second Reading - Kalispell Zoning Ordinance Text Amendment -
Additional Uses in the B-1, Neighborhood Buffer District
MEETING DATE: June 16, 2003
BACKGROUND: This is the second reading on a request for a zoning text amendment
to the B-1, Neighborhood Buffer District to allow some additional permitted uses. The
staff took this opportunity to provide some clean-up language to clarify some of the
permitted and conditionally permitted uses. The proposed changes are non -
substantive in nature and are intended to provide greater clarity in administering the
ordinance. The applicants are bringing this proposal before the planning board and
council for consideration because they are in the process of developing a property in a
small neighborhood commercial area located on east side of Hwy 93 and Nevada
Avenue. The applicant would like to construct a small drive -through espresso facility
on the property. Drive -through facilities are not listed as either a permitted or
conditionally permitted use in the B-1 zoning district.
The Kalispell City Council approved the first reading of this ordinance on June 2,
2003.
RECOMMENDATION: A motion to approve the second reading of the ordinance
would be in order.
FISCAL EFFECTS: None.
ALTERNATIVES: As suggested by the city council.
Respectfully submitted,
arda A. Wilson Chris A. Kukulski
Senior Planner City Manager
Report compiled: June 12, 2003
c: Theresa White, Kalispell City Clerk
H: \FRDO \TRANSMIT\KALISPEL\2003 \KZTA03-3.MEM02.DOC
Providing Community Planning Assistance To:
• City of Kalispell • City of Columbia Falls • City of Whitefish •
ORDINANCE NO.1463
AN ORDINANCE AMENDING SECTION 27.13.020 OF THE KALISPELL INTERIM
ZONING ORDINANCE, (ORDINANCE NO. 1439), BY AMENDING THE PERMITTED
USES AND CONDITIONALLY PERMITTED USES IN THE B-1, NEIGHBORHOOD
BUFFER DISTRICT, AND DECLARING AN EFFECTIVE DATE.
WHEREAS, Mark Rhodes has submitted a written request to amend Section 27.13.020 of the
Kalispell Interim Zoning Ordinance, by amending the Permitted Uses in the B-1,
Neighborhood Buffer District, to allow limited drive -through facilities and residential
uses as permitted uses, and
WHEREAS, the Tri-City Planning Office is recommending some additional nonsubstantive
changes to the B-1, Neighborhood Buffer District, 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 Interim Zoning Ordinance, and
WHEREAS, the Kalispell City Planning Board and Zoning Commission recommended that
limited drive -through facilities and residential uses be allowed in the B-1,
Neighborhood Buffer District, as permitted uses, and that multi -family residences
and bed and breakfasts be allowed as conditionally permitted uses, 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-03-3 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 Interim Zoning Ordinance, Ordinance No.
1439, is hereby amended as follows on Exhibit "A", attached hereto
and thereby made a part hereof.
SECTION II. All parts and portions of Ordinance No. 1439 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 16TH DAY OF JUNE, 2003.
Pamela B. Kennedy
Mayor
Theresa White
City Clerk
EXHIBIT A
MARK RHODES
KALISPELL ZONING ORDINANCE TEXT AMENDMENTS
CHAPTER 27.13
B-1 NEIGHBORHOOD BUFFER DISTRICT
Sections:
27.13.010 Intent
27.13.020 Permitted Uses
27.13.030 Uses Which May Be Permitted By Conditional Use Permit
27.13.040 Property Development Standards
27.13.010: Intent. A business district to provide certain commercial and professional office uses where
such uses are compatible with the adjacent residential areas. This district should serve as a
buffer between residential areas and other commercial districts. This district is also intended
to provide goods and services at a neighborhood level. The district is not intended for those
businesses that require the outdoor display, sale and/or storage of merchandise, outdoor
services or operations, of atAdeef eensuffiptieft effeed wid bevffage,,F,-
scale commercial operations.
27.13.020: Permitted Uses.
(1). Apartments, accessory (moved from the conditional use permit category
(2). Artist studio with incidental sales.
(3). Bakery/deli with either wholesale or retail goods with less than 1,500 square feet
manufacturing area.
(4). Business offices and any type of enterprise rendering professional or personal
services, premed:
(6). Churches/worship/parish/Sunday school buildings.
(7). Clinics, medical and dental.
(8). Drive -through facilities with no more than two driving lanes and no larger than
2,000 square feet
(9). Dwellings, duplex
(10). Dwellings, family
(13). Offices, professional/governmental.
(14). Parks.
(15). Pet sheps.
(16). Phetegfaphie studies.
(19). Retail enterprises no larger than 3,000 square feet in gross floor area.
(20). Restaurants no larger than 4,000 square feet
(21). SheeRepaif.
(23). Schools, commercial (moved from the conditional use permit category
27.13.030:
27.13.040
Uses Which May Be Permitted By Conditional Use Permit.
(1). Automobile service station (see definition).
(2). Bed and breakfast
(3). Car wash, automobile detailing shop.
(4). Community center/gym/swim pools operated by public or quasi -public.
(5). Day care center.
(6). Dwellings, multi-familX
(7). Electrical distribution station.
(8). Law enforcement/fire stations.
(9). Libraries, museums, and similar cultural facilities.
(10). Life styling center.
(11). Railroad rights -of -way.
(12). Telecommunication companies and/or radio common carriers with ancillary
antennas with monopole design and a base not to exceed 12 inches and a total
height not to exceed 70 feet.
(13). Transmission towers and cellular communication towers.
(14). Temporary building/structure*
(15). Water storage facilities.
Property Development Standards.
(1). Minimum Lot Area: 7000 square feet
(2). Minimum Lot Width (FT): 60
(3). Minimum Yards (FT):
Front Yard
- 20
Side Yard
- 5
Rear Yard
- 20
Side Corner
- 15
(4). Maximum Building Height (FT): 35
(5). Permitted Lot Coverage (%): 50
(6). Off -Street Parking: Refer to Sections 27.26 and 27.27.
(7). Maximum Fence Heights (FT):
Front - 0
Side - 6.5
Rear - 6.5
* Administrative conditional use permit