03. Ordinance 1386 - Text Amendment - Retail Restricted - 1st ReadingFlathead Regional Development Office
723 5th Avenue Fast - Room 414
Kalispell, Montana 59901
Phone: (406) 758-5980
Fax: (406) 758-5781
REPORT TO: Kalispell Mayor and City Council
FROM: Narda A. Wilson, Senior Planner
Chris A. Kukulski, City Manager
SUBJECT: Kalispell Zoning Ordinance Text Amendment -
Kalispell Building, LLC
MEETING DATE; July 2, 2001
BACKGROUND: The applicants are proposing a text amendment to the Kalispell
Zoning Ordinance that will include a new category of permitted uses under Section
27.18.020, Permitted Uses, I-1, Light Industrial, of "retail restricted." Additionally, a
definition of "retail restricted" will be added to the regulations.
There are a number of land uses that have a dependency on a mix of industrial and
retail characteristics. In this proposed amendment the industrial component of the
use would be predominant, but the incidental or relatively minor element of the
business would involve a retail element. Within the building a space for showroom
or display of retail items that would be sold on an incidental basis would be
anticipated. The industrial zoning classification currently recognizes certain uses
that share the industrial and retails characteristics, but the uses are specifically
listed such as janitorial supplies, motorcycles sales, plumbing supplies, etc. The
proposed "retail restricted" use attempts to recognize those uses that share common
characteristics of both the industrial and retail elements, and to make a provision
for the retail restricted uses within the district. This would thereby allow a
business that is predominately industrial but would allow for some limited
showroom or retail display space.
Additionally, a definition for the retail restricted uses should be developed so that a
broad understanding of the type of use anticipated under this category can be
clarified and to avoid too narrow a definition so as to exclude certain business that
are not specifically recognized. Retail restricted uses would be fairly easy to recognize
because it would be predominately industrial in nature but would include some
limited retail sales. These uses would be characterized by a large area devoted to
warehousing and storage; may include delivery of items as a routine and regular part
of conducting business; may include the manufacture, storage and distribution of
items as a primary component or it may include the warehousing, staging and rental
or sale of large items.
Providing Community Planning Assistance To:
• Flathead County • City of Columbia Falls • City of Kalispell • City of Whitefish
Memo to Council on Text Amendment
June 19, 2001
Page 2
The Kalispell City -County Planning Board held a public hearing at their regular
meeting of June 12, 2001 and discussed the proposal. They voted unanimously to
forward a recommendation to the Kalispell City Council to approve the amendment to
the Kalispell Zoning Ordinance to include "retail restricted industrial uses" in the I-
1, Light Industrial, zoning district and that a definition be adopted.
A motion to adopt the ordinance on first reading would be
appropriate.
FISCAL EFFECTS: Potentially minor positive effects.
ALTERNATIVES: As suggested by the city council.
Narda A. W1 son Chris A. Kukulski
Senior Planner City Manager
Report compiled: June 19, 2001
c: Theresa White, Kalispell City Clerk
Attachments: Transmittal letter
FRDO report KZTA-01-5 and application materials
Draft minutes from 6/ 12/01 planning board meeting
H: \FRD0\TRANSMIT\KALISPEL\2001 \KZTA01-5MEM.0
ORDINANCE NO. 1386
AN ORDINANCE AMENDING SECTIONS 27.18.020 AND 27.37 OF THE KALISPELL
ZONING ORDINANCE, (ORDINANCE NO. 1175), BY INCLUDING A NEW CATEGORY
UNDER "I-1", LIGHT INDUSTRIAL, PERMITTED USES, OF "RETAIL
RESTRICTED", DEVELOPING A DEFINITION OF "RETAIL RESTRICTED^ AND
DECLARING AN EFFECTIVE DATE.
WHEREAS; Kalispell Building, LLC has submitted a written request
to amend Section 27.18.020 of the Kalispell Zoning
Ordinance, by amending the I-1, Light Industrial,
Permitted Uses to include "Retail Restricted", and
WHEREAS, the request was forwarded to the Kalispell City -County
Planning Board and Zoning Commission by the Flathead
Regional Development Office after having been evaluated
under 27.14.030, Kalispell Zoning Ordinance, and
WHEREAS, the Kalispell City -County Planning Board and Zoning
Commission recommended that the text of the Kalispell
Zoning Ordinance be amended to allow "Retail Restricted"
under Permitted Uses in the I-1, Light Industrial
District, and
WHEREAS, the City Council has reviewed the FRDO Report and the
transmittal from the Kalispell City -County Planning Board
and Zoning Commission and hereby adopts the findings made
in Report #KZTA-01-05 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
Ordinance No
follows:
Kalispell Zoning Ordinance,
1175, is hereby amended as
Section 27.18.020: Permitted Uses
(70). Repair/service of office and household
equipment.
(71). Retail restricted (see definition).
(72). Second hand stores (see definition).
(73). Shoe manufacture.
Section 27.37: Definitions
"Retail Restricted Industrial Uses: A use that is
Primarily industrial in nature but provides limited
show room and/or retail floor area for the purposes
of display and sales. The predominate industrial
character of the business would be established by
recognized product storage, warehousing, and
distribution of products. These business uses
should include the manufacture, storage and
distribution of items as a primary component of the
business. The use may include delivery of items as
a routine and regular part of conducting business.
This may include warehousing, staging and rental or
sale of large items or products. This would not
include large scale retail outlets that routinely
warehouse and hold large inventories."
SECTION II. All parts and portions of Ordinance No. 1175
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 DAY OF JULY, 2001.
Wm E. Boharski
Mayor
ATTEST:
Theresa White
City Clerk
Flathead Regional Development Office
723 5th Avenue East - Room 414
Kalispell, Montana 59901
Phone:(406) 758-5980
Fax:(406) 758-5781
June 19, 2001
Chris Kukulski, City Manager
City of Kalispell
P.O. Box 1997
Kalispell, MT 59903
Re: Kalispell Zoning Ordinance Text Amendment — Kalispell Building, LLC
Dear Chris:
The Kalispell City -County Planning Board met in regular session on Tuesday, June
12, 2001 and held a public hearing on a request by Kalispell Building, LLC to amend
the I-1, Light Industrial zoning district of the Kalispell Zoning Ordinance to include a
new category of uses called "retail restricted". The text amendment will also include a
definition of retail restricted uses.
Narda Wilson representing the Flathead Regional Development Office presented staff
report KZTA-01-05 evaluating the proposal. She stated that staff supported the
proposal and recommended approval of the proposed text amendment.
During the public hearing one person spoke in favor of the proposal. No one spoke in
opposition.
The board discussed the proposal and adopted staff report KZTA-01-05 as findings of
fact and, based on those findings voted unanimously to forward a recommendation to
the Kalispell City Council they include "retail restricted industrial uses" in the I-1,
Light Industrial, zoning district. And that a definition be adopted as described in
Exhibit A.
Please schedule this matter for the July 2, 2001 Kalispell City Council meeting. You
may contact this board or Narda Wilson at the Flathead Regional Development Office
if you have any questions regarding our recommendation.
Sincerely,
Kalispell City -County Planning Board
i
GS/NW/dw
Providing Community Planning Assistance To:
• Flathead County • City of Columbia Falls • City of Kalispell • City of Whitefish
Zoning Text Amendment — Kalispell Building, LLC
June 19, 2001
Page 2 of 3
Attachments: Exhibit A
FRDO staff report KZTA-01-05 and application materials
Draft planning board minutes of 6/ 12/01
c w/Aft: Theresa White, Kalispell City Clerk
c: Kalispell Building, LLC, c/o Gary Gallagher Trustee, PO Box
1359, Polson, MT 59860
11:... \TRANSMIT\KALISPEL\ 2001 \KZTA-01-05
Zoning Text Amendment — Kalispell Building, UC
June 19, 2001
Page 3 of 3
EXHIBIT A
CHAPTER 27.37 - DEFINITIONS
"Retail Restricted Industrial Uses: A use that is primarily industrial in nature
but provides limited show room and / or retail floor area for the purposes of
display and sales. The predominate industrial character of the business would
be established by recognized product storage, warehousing, and distribution of
products. These businesses uses should include the manufacture, storage and
distribution of items as a primary component of the business. The use may
include delivery of items as a routine and regular part of conducting business.
This may include the warehousing, staging and rental or sale of large items or
products. This would not include large scale retail outlets that routinely
warehouse and hold large inventories."
MOTION �y�Rice moved and Pierce seconded to adopt staff report KZTA-01-
lou06 as findings of fact and, based on those findings, recommend
to the Kalispell City Council that the Kalispell Zoning
Ordinance be amended to include the H-1 zone in Section
27.26.030(e)(2), to allow parking in the front and side comer
setbacks.
BOARD DISCUSSION There was no discussion.
ROLL CALL On a roll call vote the motion passed unanimously.
KALISPELL BUILDING, An amendment to the Kalispell Zoning Ordinance proposed by
LLC ZONING TEXT Kalispell Building, LLC to amend the permitted uses in the I-1
AMENDMENT zoning district to include a "restricted retail" category.
STAFF REPORT Narda Wilson, of the Flathead Regional Development Office,
gave a presentation on staff report KZTA-01-05, a proposed text
amendment to the Kalispell Zoning Ordinance that will include
a new category of permitted uses under Section 27.18.020,
Permitted Uses, I-1, Light Industrial, of "retail restricted".
Additionally, a definition of "retail restricted" will be added to
the regulations. Wilson reviewed the statutory criteria and
recommended adoption of the findings of fact and the definition
described in the attached exhibit.
Pierce asked if it was for a specific property or just in general.
Wilson answered that it was intended for a specific property,
but it would serve a general purpose. Wilson stated that David
Greer, a local land use consultant, assisted the applicants in
coming up with the idea of a retail restricted use. Wilson said
theirs was a broad category of retail restricted uses and they
were hoping this would make life easier for everyone. Pierce
asked if it was specifically the Westmont Tractor property and
Wilson said, yes.
APPLICANTS / No one wished to speak.
AGENCIES
PUBLIC HEARING The public hearing was opened to those who wished to speak
on the proposal.
PROPONENTS Charles Lapp, 3230 Columbia Falls Stage, said they nin Alpine
Auction Services on Kelly Road and they have several acres of
property they are looking at developing. He said they were not
in the City, but were facing annexation. They are currently
zoned County I-1. He stated they were in favor of the proposal
from the standpoint that over the past 6 years there was one
person who would have leased if they would build them a
building, but they didn't qualify because of the restrictions of
the zoning. He said that anytime it opened up to more uses for
the property it made it a lot easier for people to set up
businesses and they wouldn't have to go to a specific location.
Kalispell City -County Planning Board
May 8, 2001 Meeting Minutes
Page 5 of 9
In their case, on Kelly Road, there were a lot of diverse
businesses. He stated he was in favor because they would be
able to build a building without going through a conditional use
permit process and that anytime it opened up more uses for the
zoning areas he thought it was a good thing.
Stevens asked if Lapp had any experience in land use planning
and if he was a member of any planning board. Lapp said yes,
Columbia Falls City -County Planning Board. Stevens asked
what his opinion was of allowing industrial zones, if someone
wanted to upgrade to a higher use of retail, and making that a
natural process. Lapp said he would be in favor of that.
OPPONENTS No one wished to speak and the public hearing was closed.
MOTION Pierce moved and Van Natta seconded to adopt staff report
KZTA-01-05 as findings of fact and recommend to the Kalispell
City Council they include "retail restricted industrial uses" in
the I-1, Light Industrial, zoning district. And that a definition
be adopted as described.
BOARD DISCUSSION There was a brief discussion about the interpretation of the
ordinance. It was concluded that it was better to look at each
case, as to whether it was primarily industrial or retail.
ROLL CALL The motion passed unanimously on a roll call vote.
JACHOLA ENGINEERING An amendment to the Kalispell Zoning Ordinance proposed by
AND ARCHITECTURE Jackola Engineering and Architecture to amend the maximum
ZONING TEXT building height in the B-2 zoning district from 35 feet to 50 feet.
AMENDMENT
STAFF REPORT Narda Wilson, of the Flathead Regional Development Office,
gave a presentation on staff report KZTA-01-4, a proposed
amendment to the Kalispell Zoning Ordinance to Section
27.14.040(4), maximum building height in the B-2, General
Business, zoning district from 35 feet to 50 feet. The applicants
are proposing to amend this section to increase the height
limitations in the B-2 zone to accommodate a new development
project which is planned for the Southfield Tower property
located on the east side of Highway 93 South, formerly Haven
Field. This amendment could affect all properties in the B-2
zoning district. Wilson reviewed the findings of fact and
statutory criteria. Staff recommended, because of the fire
safety concerns, the change in height limit be made to the B-2
and B-3, Community Business, zoning districts that would
increase the building height limit from 35 to 40 feet rather than
the requested 50 feet.
There was discussion regarding the height of the clock tower.
Wilson stated that the building was at about 35 feet and the
clock tower was taller because it was considered an
Kalispell City -County Planning Board
May 8, 2001 Meeting Minutes
Page 6 of 9
KALISEPLL BUILDING, LCC.
ZONING TEXT AMENDMENT
FLATHEAD REGIONAL DEVELOPMENT OFFICE
STAFF REPORT KZTA-01-05
JUNE 5, 2001
A report to the Kalispell City -County 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 Kalispell City -County Planning Board for June 12,
2001 beginning at 7:00 PM. The planning board will forward a recommendation to the
city council for final action.
The applicants are proposing to amend the I-1, Light Industrial zoning district of the
Kalispell Zoning Ordinance to include a new category of uses called "retail restricted".
The text amendment will also include a definition of retail restricted uses.
A. Petitioner: Kalispell Building, LLC
C/O Gary Gallagher Trustee
P.O. Box 1359
Polson, MT 59860
(406) 883-8168
B. Area Effected by the Proposed Changes: Any area within the city of Kalispell that
is or may hereafter be zoned I-1, Light Industrial, may be effected by the proposed
amendment.
C. Proposed Amendments: The applicants are proposing a text amendment to the
Kalispell Zoning Ordinance that will include a new category of permitted uses under
Section 27.18.020, Permitted Uses, I-1, Light Industrial, of "retail restricted."
Additionally, a definition of "retail restricted" will be added to the regulations.
Staff Discussion: There are a number of land uses that have a dependency on a
mix of industrial and retail characteristics. In this proposed amendment the
industrial component of the use would be predominant, but the incidental or
relatively minor element of the business would involve a retail element. Within the
building a space for showroom or display of retail items that would be sold on an
incidental basis would be anticipated. The industrial zoning classification
currently recognizes certain uses that share the industrial and retails
characteristics, but the uses are specifically listed such as janitorial supplies,
motorcycles sales, plumbing supplies, etc. The proposed "retail restricted" use
attempts to recognize those uses that share common characteristics of both the
industrial and retail elements, and to make a provision for the retail restricted
uses within the district. This would thereby allow a business that is
predominately industrial but would allow for some limited showroom or retail
display space.
Additionally, a definition for the retail restricted uses should be developed so that a
broad understanding of the type of use anticipated under this category can be
clarified and to avoid too narrow a definition so as to exclude certain business that
are not specifically recognized. Retail restricted uses would be fairly easy to
recognize because it would be predominately industrial in nature but would include
1
some limited retail sales. These uses would be characterized by a large area devoted
to warehousing and storage; may include delivery of items as a routine and regular
part of conducting business; may include the manufacture, storage and distribution
of items as a primary component or it may include the warehousing, staging and
rental or sale of large items.
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 proposed change will expand the category or uses to include a broader
category of appropriate industrial uses that are currently allowed on a more
limited basis. The amendment will not adversely affect the goals and objectives of
the City of Kalispell Master Plan.
The proposed amendment will not have an affect on congestion in the streets, as
this zoning amendment is to include a new category of uses that would not have
adverse impacts beyond that which is anticipated in the district.
This amendment is intended to include uses not otherwise specified and will not
effect the healthy, safety or increase the risk to the general public. The impacts
associated with the new category of uses are not a threat to public safety
The proposed text amendment will serve the general welfare by providing for a
category of uses that are not generally otherwise recognized, and will update the
zoning regulations to include more current standards of businesses operations and
types of uses.
. • - - i - - • • • - • �•Csi.T�r.C�SiFS7�i7iSilf-.Ti%FSiS'a
This change will not effect the size and number of buildings in city of Kalispell or
in the district. Any new buildings or uses would be required to comply with the
development standards of the zoning district.
This change will not have any effect on the concentration of people in one area
over another.
E
11.
Allowing the new category of uses proposed by this text amendment would not
have an effect on the provision of these services to any extent greater than other
uses already permitted in the district.
The purpose of the text amendment is to specifically address the inclusion of
industrial uses that have a limited retail element and to recognize and allow those
uses based on a broad category of retail restricted. It seems appropriate that they
should also be included in the light industrial zoning district.
The character of the light industrial zoning districts is intended to be comprised of
uses that do not generally have impacts associated with noise, odor, hours of
operation or other factors beyond the property boundaries. The uses anticipated
under a retail restricted industrial uses are a good fit within this zoning district
and would complement other uses, which are allowed in the district.
The proposed text amendment will conserve the value of building by encouraging
compatible and complementary uses that are not currently recognized in the
district. The retail restricted industrial use would conserve the value of buildings
in the light industrial zones because they would be consistent with other uses
anticipated nearby.
The proposed amendment would encourage businesses that have storage and
warehousing needs or manufacturing needs to locate in areas where like uses are
anticipated and would encourage an appropriate use of land within the planning
jurisdiction.
Staff recommends that the Kalispell City -County Planning Board adopt FRDO staff report
KZTA-01-05 as findings of fact and recommend to the Kalispell City Council they include
"retail restricted industrial uses" in the I-1, Light Industrial, zoning district. And that a
definition be adopted as described in Exhibit A.
W
EXHIBIT A
CHAPTER 27.37 - DE:
"Retail Restricted Industrial Uses: A use that is primarily industrial in nature, but
provides limited show room and / or retail floor area for the purposes of display and
sales. The predominate industrial character of the business would be established by
recognized product storage, warehousing, and distribution of products. These
businesses uses should include the manufacture, storage and distribution of items
as a primary component of the business. The use may include delivery of items as a
routine and regular part of conducting business. This may include the warehousing,
staging and rental or sale of large items or products. This would not include large
scale retail outlets that routinely warehouse and hold large inventories."
H: \... \ FZTA\00 \KZTAO 1-05.DOC
NW
FRDO file N
Date ACCeA T�
PETITION FOR ZONING AMENDMENT
CITY OF KALISPELL
—�
1. NAME OF APPLICANT: Kalispell Building LLC C/O GaA7y O,O
Gallagher, Trustee
2. NAIL ADDRESS: P.O. Box 1359
3. CITY/STATE/ZIP: Polson, MT 59860 PHONE: 883-8168
4. INTEREST IN PROPERTY: N/A
5. ZONING MAP AMENDMENT: =ZONING TEXT AMENDMENT: f�ftf�f�fif�
IF THE REQUEST PERTAINS TO AN AMENDMENT TO THE TEXT OF THE
ZONING REGULATIONS, PLEASE COMPLETE THE FOLLOWING:
A. What is the proposed zoning text amendment?
To include "Retail Restricted" in the I-1 zoning classification
of the Kalispell zoning Ordinance. Refer to the attached
narrative. Section 27.08.020
IF THE REQUEST PERTAINS TO AN AMENDMENT TO THE ZONING MAP,
PLEASE COMPLETE THE FOLLOWING:
A. Address of the subject property: N/A
B. Legal description: N/A
C. The present zoning of the property is: N/A
D. The proposed zoning of the above property is: N/A
E. State the changed or changing conditions that make the proposed
amendment necessary:
There are a number of land uses that exhibit a blending of
industrial and retail characteristics. Even though the industrial
portion of the use is predominant, the incidental or
proportionately smaller retail segment of the business precludes
that use from being permitted within the industrial classification.
The industrial zoning classification does recognize, as permitted
uses, certain land uses that share both industrial and retail
characteristics. However, the allowances are for specifically
listed uses (boat sales, building materials, dairy bar, garden
supplies, janitor supplies, motorcycle sales, plumbing retail,
rental stores, second hand stores, etc). There is no general use
allowance for uses that share common characteristics of both
industrial and retail. A new I-1 use is proposed -Retail
Restricted". This I-1 use would permit a use that is predominantly
industrial but provides some limited showroom or retail floor
space. The predominant industrial character of the uses would
include such characteristics as product storage and inventory,
delivery, manufacturing, product staging, rental supply and
service, vehicle storage, etc. The retail aspect of the business
would be incidental (approximately 25% or less) to the primary
industrial use as indicated by retail floor area.
1
HOW WILL THE PROPOSED ZONING TEXT CHANGE ACCOMPLISH THE INTENT
AND PURPOSE OF:
A. Promotina the Master Plan: The proposed text amendment will not
have a direct relationship to the master plan. The distinction
of an industrial district will remain with improved
clarification of definition and allowable uses.
B. Lessenina congestion in the streets and Providing safe access:
The zoning text amendment will have no direct relationship to
congestion. The proposed use would continue to limit retail
opportunities and associated traffic in industrial districts by
requiring the retail portion of the use to be incidental.
C. Promoting safety from fire, Panic and other dancers: The zoning
text amendment will have no direct relationship to issues of
public safety. Regardless of the use, uniform building codes and
fire codes will apply to the use.
D. Promoting the Public interest, health, comfort, convenience,
safety and General welfare: The zoning text amendment will have
no direct relationship to issues of general welfare. Safety will
be considered via other established processes.
E. Preventing the overcrowdina of land: The text amendment will
maintain the industrial character of an I-1 district.
F. Avoiding undue concentration of Population: The zoning text
amendment will have no direct relationship to issues of
population. Resident populations will not be promoted within an
I-1 district with this amendment.
G. Facilitating the adequate Provision of transportation, water,
sewage, schools, parks, and other Public requirements: The
zoning text amendment will have no direct relationship to issues
of public services. Any proposed use within an I-1 district will
be required to provide or be served with an adequate level of
public. services. No additional impact to public services can be
expected with the proposed clarification to the text of the I-1
district.
ffi. Givina reasonable consideration to the character of the
district: The purpose of the proposed text amendment is to
provide clarification and equity of uses to the industrial
district. The proposed text amendment will not change the
character of the district.
I. Giving consideration to the peculiar suitability of the property
for particular uses: The text amendment will not affect the
character of the district or to particular properties, in
general.
J. Protecting and conserving the value of buildings: The text
amendment will recognize the diversity in the type of industrial
uses and thereby help conserve the value of buildings.
K. Encouraging the most appropriate use of land by assuring orderly
growth: The proposed text amendment is attempting to define an
appropriate type of use for an industrial district. The purpose
and intent of an industrial district is not being compromised,
---------------------- --- -- -- ----- -- --- ------------ --- -
The signing of this application signifies approval for F.R.D.O. to be present on the
property for routine monitoring and inspection during the approval process.
(Applicant) (Date)
I-1 Text Amendment to add Retail Restricted as a Permitted Use 2
_FROM : GRLLRGHER FRX NO. : 4068834054 May. 14 2001 11:14AN P1
rl= Fits Ne
Date Accepted
1. In= Cr ?1PPL_TCSNTs pBuilding-T
�sLLC Cio Gary
Galiatler.
2 MIL ADDRBSS= P.O. Sox 1359
3- CITrjSTATB/2ler Poison, WT 59060 FROM: 893-8168
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9. Tse PraDoaoi soaiaa It the abew pnaperty is: N/A
s. aria r?a aLatBoa or ebmigixl mai e:ome that m!e the proposed
aeasadmsat nenwaantyc
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proyortieoately JCsller xeca-: se�ent of the "b1 iaete pteclader
_` hat ere fro,, beira Permitted wneLib the im:userial claeei_ccetim.
^he inm=otrinl does ro- *o9siu. as Peradtte2
as®. certain '_had area r<h ar chart both iadsatriu and setsil
chary-cerise_en. pv„e�er,the ailaaaneva a :c apecifiral6Y
listed uaea Iboac cal. terial3. dairy bar. Qartam
sc49'iae. laoiwi sappli�-. a Zoreyele Sala-, plumMag retail,
rental stolwr. second Laid ttoraa, aw . There io ao gaasral use
alleumce ter vaen em[ s*_are toswoL oy=arareesistle3 o! hoth
i�d•-sue:e1 and ze-n£i. A ;'. 1-1 sae is Proposed 'Rr'.ai3
p.Strieeed' .dtc a vtIIeis Ddm
be- e°ei:a. moss li �mor Ktflour
space. Tbs PrAdrnivant :nc�atrial Cherecter e£ Cbe uses waald
include cxR eLaracesriacies rs Product 5to-agntn d r,c+¢:ttuvd
doliverY. omtvtyorsing, Prat stwn9, PP19_
sr_viee, vehicle 5cor4Qe. a:C. Tne =anvil ateect a9 t . euameaa
would be ilCidentel :Avvmd lrat.ly 154 or lees] to tea pricers
isdusLiel sec sa by r9cail 'losz area.
FROM : GRLLRGHER FRX NO. : 4068834054 May. 14 2001 11:15RM P2
HOW W= TSM PROF"= 5omm TEAT C ilm Wrm
Am PaIjav= or o
A. tyeetaag 4he proposed tent amendment will not
%ave a direct relatiorsh'-p to tale master Plan' The distinction
of an ir_alstrial district will reaaia with improved
clarification. of definition and allowable uses. e
D. ir3p 'i8' -.5t. ° he etzeaee cad -
tn zot:ing text aseendzert will hays no direct re eagle nship to
congestion. 17se proposed use would continue to limit retail
ap2e=t.sit4es atd associated traffic in industrial districts by
=sQcisi�g the retail portion, of the use to be incidental.
C. 2ynnn a :Ma£etV fry fiza, manicarj;2L_da^ms= . The zoning
text aareddnect will have no direct relationship to issues of
public safety. Regardless of the use, uniform building codes and
firs codes will apply to the use-
D. G 1 t Leal h e ••c•••L eeavgalom4.,_
��aaty _mgd omteral YFe1�gI$: The zcnitg text =findngat will Lave
ao direct relationship to issues of general welfare. SQfety will'
be aonsiderad via other established processes.
$. _ .y.e .,vwrerpwfli�t`laad: The text amendment will
sai�.tain the industrial character o`_ an 1-1 district.
F.-�.Ai.n.s _a�n c^^^e3 yli�! eeonlatIM: The zoning text
amendment aril_ have no direct relationship tssuesh an
of
c U-atioc. Resident populgiiana will not be promoted
A. 1r a au
eahoels. .axle,,_, a The
zocing•tes[ axe�ent will ha-ae ao direct relationship to issues
Of public services. Any Proaosad use within an I-1 district pill
Se regpl.ced to provide or be served with an adequate level of
public Be -,-Ices. No addition,= impact to public services can be
expected with the proposed clarification to the text of tha I-1
district.
X. givim -zi to the abe ter e£ !Le
disitr�A :: ^l:a purpose of the proposed. tent emeAdmant is to
provide clarification gad eqrY of uses to the indl:atrial
s5trict. T:1a proposed test amendment wi.:l not change the
character of the district.
n Sdnr ion to t*e ai su tabilLty e! e.7ao sxomsty
c= to particular properties, in
genraal .
J. PSatedti^"' ea eonservina£ %.,S 1853: The tent
asendo�n- willrecognize the diversity in the type of industrial
uxcz and thereby help conserve the valve of buildinga.
g. � i t„ :lte at RDA • - _ _. _ _ _: �s t_ �..a..ri one ."xaexlV
Tha proposed text mcende t is attempting to define an
appropriate 1-gv of use for an industrial district. The porpeso
�_ are in�P.nt of er._1=dun t�-ia: diseri.c s not be�e?m_P--CU d-
of--cILs aFpii.eats>a sir.i:ss egpm%-al-for F..A_G.a. to 1�e:HZ Qilii ar. the
p. -erty for -our=e-r-_ _�-Lnp. ant izv74Lion du--,Irg.t1e imrvmlProcess;_
1.1 trt n� er[ rc add a:asail eeatzictod at a )e_nittod Use a
NOTICE OF PUBLIC HEARING
KALISPELL CITY -COUNTY PLANNING BOARD AND ZONING COMMISSION
Trinity Lutheran School Expansion Conditional Use Permit
Kalispell Zoning Text Amendment to H-1 Parking Standards
Kalispell Zoning Text Amendment to the I-1, Industrial, District
Kalispell Zone Change Request H-1 to R-3 Buffalo Hill Drive
Kalispell Zoning Text Amendment to the B-2, General Business District
Annexation and Initial Zoning for Meerkatz South Woodland Drive
The regular meeting of the Kalispell City -County Planning Board and Zoning Commission is
scheduled for Tuesday, June 12, 2001 beginning at 7:00 PM in the Kalispell City Council
Chambers, Kalispell City Hall, 312 First Avenue East, Kalispell. During the regularly
scheduled meeting of the planning board, the board will hold public hearings and take public
comments on the following agenda items. The board will make a recommendation to the
Kalispell City Council who will take final action.
1. A request by Trinity Lutheran School for a conditional use permit to allow the expansion
of their existing school. The expansion would include five new classrooms and a library to
replace the makeshift classrooms that currently exist in the school gymnasium. The
addition would be located between the existing classroom and the gymnasium on property
that is currently a lawn area. The additional would be approximately 98 feet by 110 feet
for a total of approximately 10,780 square feet. The property is zoned R-3, a Residential
which lists schools as a conditionally permitted use. The school is located at 495 Fifth
Avenue WN and the property can be described as Assessor's Tract 8-22 in Section 7,
Township 28 North, Range 21 West, P.M.M., Flathead County, Montana
2. An amendment to the Kalispell Zoning Ordinance proposed by Northwest Health Care for
the Summit, to amend Section 27.26.030(e)(2), Parking in the front and side yard
setbacks. The applicants are proposing to amend this section to include the H-1, Health
Care, zone along with the B-1, B-2, B-3 and B-4 zoning district which allows vehicles to
park in within five feet of the front and side corner lot lines. Additionally, to allow parking
in the side yard setback as long as a sight -obscuring fence or landscaping is constructed
along the side lot line unless it is next to a parking lot. This amendment could affect all
properties in the H-1 zoning district.
3. An amendment to the Kalispell Zoning Ordinance proposed by Kalispell Building, LLC to
amend Section 27.18.020, permitted uses in the I-1, Light Industrial, zoning district to
include "restricted retail" and amend Section 27.37.010, Definitions, by adding a
definition of restricted retail. This could potentially affect all areas of the city which have
one of these industrial zoning designations.
4. A zone change request by Dale W. Haarr, et al from H-1, Health Care, a district intended
to provide a mix of health care and support services, to R-3, Residential, a single family
residential district which would be served by all public utilities. The properties are in the
city of Kalispell and are located on the east and west sides of Buffalo Hill Drive and
contain approximately 3.10 acres. The properties can be described as Assessor's Tracts
6EC, 6EA, 6EE, 6CB, 6CD, Lot 1 Harmon Addition and Lots 1 through 5 Highland Park,
Golf Course 2nd Addition located in Section 6, Township 28 North, Range 21 West,
P.M.M.
PUBLISH: Legal Notices
Daily InterLake
Sunday, May 27, 2001
BILL: Flathead Regional Development Office
723 Fifth Avenue East, Room 414
Kalispell MT 59901
Note: This office is acting as an agency of the City of Kalispell and should be billed at the
City's contract rate.
H:\FRD0\LEGALS\KA\01\KPSJUNE 12.DOC