4. Ordinance 1386 - Text Amendment - Retail Restricted - 2nd ReadingREPORT TO:
FROM:
SUBJECT:
Tri-City Planning Office
17 Second Street East — Suite 211
Kalispell, Montana 59901
Phone: (406) 751-1850
Fax: (406) 751-1858
Kalispell Mayor and City Council
Narda A. Wilson, Senior Planner
Chris A. Kukulski, City Manager
Second Reading Kalispell Zoning Ordinance Text Amendment -
Kalispell Building, LLC
MEETING DATE; July 16, 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.
On July 2, 2001 the city council approved the proposed amendment during the first
reading of the ordinance. On June 12, 2001 the Kalispell City -County Planning Board
held a public hearing and voted unanimously to forward a recommendation to the
council that the proposed amendment be approved.
A motion to adopt the ordinance on second reading would be
appropriate.
FISCAL EFFECTS: Potentially minor positive effects.
ALTERNATIVES: As suggested by the city council.
Narda A. Wilson Chris A. Kukulski
Senior Planner City Manager
Report compiled: July 11, 2001
c: Theresa White, Kalispell City Clerk
H:\FRDO\TRANSMIT\KALISPEL\2001\KZTA01-5MEM2.DO C
Providing Community Planning Assistance To:
• City of Kalispell • City of Whitefish • City of Columbia Falls
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-111, 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 Kalispell Zoning Ordinance,
Ordinance No. 1175, is hereby amended as
follows:
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 16TH DAY OF JULY, 2001.
Wm E. Boharski
Mayor
Theresa White
City Clerk