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E/2. Ordinance 1384 - Text Amendment - Height Limit in B-2 - 1st ReadingFlathead Regional Development Office 723 5th Avenue East - 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 Increase in Height Limitation in B-2, General Business MEETING DATE; June 18, 2001 BACKGROUND: This is a proposal to amend the 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. The applicants are working in conjunction with others to complete the development of the Southfield Tower Project. The office building intended to be located at the south end of the property has three floors. The building is intended to create an archway as the main focus of the building with the third floor crossing over the driveway. The modern building system requirements necessitate more space in height than can be achieved in three stories under the 35 foot height limit. Contemporary construction standards are creating the need for a 15 foot floor to floor height. The additional height in the floor accommodates the electrical, plumbing, mechanical and architectural requirements of the building. A rendering of the building envisioned for the property has been included in the application that illustrates the design the complex. This is the second request for an increase in building height limits in the zoning jurisdiction because of changing requirements of modern construction methods. Recently the need for the increased height limitation manifested in connection with the hospital and the need for increased height is not unusual. However, the reality of the matter is that despite the wide variety of uses allowed in the B-2 district which include offices, retail and restaurants would generally not have the need for a 50 foot tall building. The fire marshal expressed concerns about allowing a 50-foot height limit and believes that a 40 foot limit would be more appropriate because of the limitation of the equipment owned by the fire department. The staff recommended that the building height limit be increased from 35 feet to 40 feet in the B-2, General Business, and the B-3, Community Business, zoning districts. It was noted at the planning board meeting that other zoning districts in Kalispell provide for height limits in excess of 35 feet. For instance, the B-4, Central Business District has a height limit of 72 feet, the B-5, Industrial Commercial District is at 50 feet and the I-1, Light Industrial is at 40 feet. Providing Community Planning Assistance To: • Flathead County • City of Columbia Falls • City of Kalispell • City of Whitefish Memo to Council on Text Amendment June 13, 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 five in favor and three opposed to forward a recommendation to the Kalispell City Council to approve the amendment to the Kalispell Zoning Ordinance to change the maximum height limit in the B-2, General Business, and the B-3, Community Business, zoning districts from 35 feet to 40 feet. The three members who voted in opposition favored the 50 foot height limit. RECOMMENDATION: 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. Wilson Chris A. Kukulski Senior Planner City Manager Report compiled: June 13, 2001 c: Theresa White, Kalispell City Clerk Attachments: Transmittal letter FRDO report KZTA-01-4 and application materials Draft minutes from 6/ 12/01 planning board meeting H: \FRDO \TRANSMIT\KALISPEL\2001 \KZTA01-4MEM. C ORDINANCE NO. 1384 AN ORDINANCE AMENDING SECTION 27.14.040(4) OF THE KALISPELL ZONING ORDINANCE, (ORDINANCE NO.. 1175), BY AMENDING THE MAXIMUM HEIGHT LIMIT TO 40 FEET IN THE B-2, GENERAL BUSINESS AND B-3, COMMUNITY BUSINESS DISTRICTS AND DECLARING AN EFFECTIVE DATE. WHEREAS, Jackola Engineering has submitted a written request to amend Section 27.14.040(4) of the Kalispell Zoning Ordinance, by amending the B-2, General Business District maximum height limit to 50 feet, 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 a maximum height of 40 feet in the B-2, General Business and 3-3, Community Business Districts, 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-01-4 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. 1175, is hereby amended as follows: Section 27.14.040(4): Property Development Standards (4). Maximum Building Height (FT): 35 40 Section 27.15.040(4): Property Development Standards (4). Maximum Building Height (FT): e5 40 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 June 13, 2001 Chris Kukulski, City Manager City of Kalispell P.O. Box 1997 Kalispell, MT 59903 Phone: (406) 758-5980 Fax: (406) 758-5781 Re: Kalispell Zoning Ordinance Text Amendment - Height Limitation in B-2 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 Jackola Engineering and Architecture to amend the Kalispell Zoning Ordinance to increase the maximum height limit in the B-2, General Business, zoning district from 35 feet to 50 feet. Narda Wilson representing the Flathead Regional Development Office presented staff report KZTA-01-4 evaluating the proposal. She stated that the fire marshal had concerns about the limitations of their equipment at 50 feet, but could accommodate a 40 foot limit. Staff recommended approval of an increased height to 40 feet in the B-2 and the B-3, Community Business, zoning district. During the public hearing Sharon Jackola spoke in favor of the proposal. She stated that 40 feet would accommodate the Southfield Tower project, but they would prefer the 50 foot limit to allow greater design flexibility. No one spoke in opposition. The board discussed the proposal and adopted staff report KZTA-01-4 as findings of fact and, based on those findings voted five in favor and three opposed to forward a recommendation to the Kalispell City Council to approve the amendment to the Kalispell Zoning Ordinance to change the maximum height limit in the B-2, General Business, and the B-3, Community Business, zoning districts from 35 feet to 40 feet. The three members who voted in opposition favored the 50 foot height limit. Please schedule this matter for the July 18, 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 �ns Presi ent Providing Community Planning Assistance To: • Flathead County • City of Columbia Falls • City of Kalispell • City of Whitefish Text Amendment to B-2 Height Limit June 13, 2001 Page 2 GS/NW/dw Attachments: FRDO staff report KZTA-01-4 and application materials Draft planning board minutes of 6/ 12/01 c w/Att: Theresa White, Kalispell City Clerk c: Sharon Jackola, AIA, Jackola Engineering and Architecture, PO Box 1134, Kalispell, MT 59903 H: ... \TRANSMIT\KALISPEL\2001 \KZTA-01-4 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 in Exhibit A. 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. JACKOLA 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 embellishment and was exempt from the height limit. The board questioned the fire marshalls concern with buildings over 40 feet, which they believed was too vague. Wilson said the proposed height increase went to site review where the fire marshal recommended the 40 foot limit rather than the 50 foot limit because of limitations of their ladder truck. She in the future she would include those comments. Stevens suggested that either a letter from the fire marshal be included or that he attend the meeting to explain their concerns. There was discussion about regulating a standard height for buildings due to current fire equipment access standards when the height restriction may be outdated in a few years if access equipment changed. It was concluded that they would hear from the applicant before deciding how to proceed. APPLICANTS / Sharon Jackola, representing the applicants for the proposal, AGENCIES stated she was at site review and the fire marshal said he would be comfortable with 40 feet, but she did not know the details beyond that. He did say he would go with 40 feet, she stated, and added that the project was urgent because it was moving along and asked if they could come to a decision quickly. Pierce asked if she would compromise with 40 feet and Jackola said yes, for this project. She said the reason she asked for 50 feet was because every project was different and in order to get the height under building code it started to change the project. She asked if it was possible to get a little extra height. She added that they would be able to do more with the project and that in the past it had been a problem with other projects. She said they should have asked for the text amendment before because it made it more difficult when it didn't have to be that way. Heinecke asked how tall the clock tower was and Jackola said it was at 45 feet, which was higher than the new building. PUBLIC HEARING The public hearing was opened to those who wished to speak on the proposal. PROPONENTS No one wished to speak. OPPONENTS No one wished to speak and the public hearing was closed. BOARD DISCUSSION Height restrictions were discussed in other zones noting that 13- 4, B-5, and the I-1 all had height limits in excess of 35 feet. Stevens said there was no rational logic or a hard and fast rule. He suggested they might want to review height restrictions in Kalispell City -County Planning Board May 8, 2001 Meeting Minutes Page 7 of 9 other zones. Wilson noted the recommendation was to include other B-3 districts and asked the board to note that the other zones all currently exceeded the 35-foot height limit. She said this would make it more consistent. Sipe said he was inclined to approve the original request for 50 feet and if the fire marshal was opposed to that he should have been there. MOTION Sipe moved and Van Natta seconded to adopt staff report KZTA- 01-4 as findings of fact and, based on those findings, recommend to the Kalispell City Council that the amendment be made to the B-2, General Business, and the B-3, Community Business, development standards that would increase the building height limit from 35 feet to 40 feet. BOARD DISCUSSION Stevens said it was his personal feeling to leave it as it was. Garberg pointed out that, based on previous public hearings, the public would have a reaction to this change and they might want an opportunity in the process. Wilson suggested an alternative, for buildings exceeding 40 feet to be reviewed as a conditional use permit process so the public was noticed, and there would be an opportunity for a public hearing. ROLL CALL On a roll call vote the motion passed with 5 in favor and 3, Sipe, Hines and Pierce opposed due to the fact they would have supported the approval of 50 feet. OLD BUSINESS Discussion regarding the status of the Kalispell City -County Growth Plan. Wilson said a packet would be in the mail tomorrow or the next day with a semi-final draft of the Growth Plan and Resource and Analysis Section. She noted it would go to review at the Kalispell City Council work session on June 25w She added that once the County Commissioners signed off on it there would be a public hearing. Wilson said she would welcome further consideration of the rural component. Discussion of the Planning Offices and Joint Planning Boards new business. Garberg asked about the extraterritorial boundaries. Wilson explained the City would process the applications inside the City limits that dealt with the Kalispell Zoning Ordinance. She also explained the transition process of both the City and County offices, where they would be located and when they would be processing applications. There was a brief discussion regarding summer hours. It was concluded they would remain at 7:00 p.m. throughout the summer. There was additional discussion on the future role of the planning offices and staff. It was recommended that Forrest Sanderson be included in a work session to discuss future Kalispell City -County Planning Board May 8, 2001 Meeting Minutes Page 8 of 9 JACKOLA ENGINEERING AND ARCHITECTURE ZONING TEXT AMENDMENT FLATHEAD REGIONAL DEVELOPMENT OFFICE STAFF REPORT KZTA-01-4 JUNE 5, 2001 A report to the Kalispell City -County Planning Board and the Kalispell City Council regarding a request for an 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 in the Kalispell City Council Chambers. The planning board will forward a recommendation to the Kalispell City Council for final action. The applicants are requesting an amendment to the Kalispell Zoning Ordinance to change the maximum height limit in the B-2, General Business, zoning district from 35 feet to 50 feet. A. Petitioner: Sharon Jackola, AIA Jackola Engineering and Architecture P.O. Box 1134 Kalispell, MT 59903 (406)755-3208 B. Area Effected by the Proposed Changes: The B-2, General Business, zone in Kalispell basically functions primarily as the highway commercial zoning designation on Highway 93 south of Kalispell and on the west side of Kalispell along Highway 2 West. There are some smaller areas of B-2 zoning elsewhere in the city limits. This amendment could potentially effect those areas in the city limits that are currently or might be zoned B-2, General Business. C. Proposed Amendments: This is a proposal to amend 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. This amendment could effect all properties in the B- 2 zoning district. C. Staff Discussion: The applicants are working in conjunction with others to complete the development of the Southfield Tower Project. The office building intended to be located at the south end of the property has three floors. The building is intended to create an archway as the main focus of the building with the third floor crossing over the driveway. The modem building system requirements necessitate more space in height than can be achieved in three stories under the 35 foot height limit. Contemporary construction standards are creating the need for a 15 foot floor to floor height. The additional height in the floor accommodates the electrical, plumbing, mechanical and architectural This amendment may not compromise the security and safety of the community since any building would have to be constructed in accordance with the applicable building and fire codes. However, the fire marshal has expressed concerns about the 50 foot tall buildings because of the limitation of equipment owned by the fire department. The proposed change in the zoning would have no direct relationship to the promotion of the general health and welfare of the public. Health and safety codes would be primary means of securing the health and welfare of the community. Adequate light and air may be affected by this change because the potential height of buildings could block light and air of the surrounding properties. Residential zoning and residentially developed properties adjacent to the B-2 zones could potentially be most effected. The increase to a 50 foot height limit could potentially block light and air, thereby negatively impacting adjoining properties. Development standards would provide additional flexibility and potential additional density in the B-2 zone by increasing the height limit. However, this may not translate into an overcrowding of land, which would only occur if there were inadequate infrastructure to serve the density in the area. .- -• -. ..KMFM U FIrm, •-FM WSTM ME—orrOVAIWNTOW03 S a or.. ••a, ., Full public services and facilities would generally be anticipated to be available to all areas, which are zoned or would be zoned B-2 and the adequate provision of services could be provided. The proposed changes would not generally impact the facilitation of public services. The increase in the maximum height standard from 35 to 50 feet would affect all areas of the city zoned B-2, which is generally considered a highway commercial area that is nearly exclusively commercial. However, not all of these uses would be utilizing this construction standard that would need or want a 50 foot tall building. Most of the uses would utilize a more traditional construction method, typically requiring ten foot walls. The need for the 50 3 Flathead Regional Development Office 723 5th Ave. East Room 414 Kalispell, Mt 59901 Kalispell City Council P.O. Box 1997 Kalispell, Mt 59901 RE: Text Amendment Request Date: May 1, 2001 APXATIM MATERIAL MAY 0 2 2001 F. R. D. ©. Dear Members of the Flathead Regional Development Office and Members of the Kalispell City Council: We are currently in the process of designing and building subsequent portions of the planned Southfield Park development. Our plans for this area are progressive and well suited for the southern entrance into Kalispell. Our vision in developing this landmark development is to create a desirable "Forum" or overall "Public Square" feel through the use of building and site architecture. The perimeter elements of this forum will be comprised of classical buildings such as the Southfield Tower with the inner elemental buildings being more festive in nature. The festive nature of these inner buildings is also being developed with consideration for the future carousel planned for Lion's Park. The design and construction schedule is extremely fast paced, due to the future owner's financial allocations and obligations. We are doing everything in our power to make this exciting project a reality in our community. We are asking that you might join us in our efforts of bringing Southfield Park to its highest and best use. The office building that is being designed for the South end of the park has three floors, and it is our intent to create an archway as the main focus of this building (The third floor crosses over the drive). Our difficulty lies in the fact that modern building system/owner/tenant requirements mandate more space (height) than we can achieve in three stories under the 35' height limit. In addition, the ever-increasing valuation of property requires the additional footage available from taller buildings. As we've encountered this situation before with the Southfield Park Tower building, we wish to apply for a general text amendment to the B-2 zoning for 1 B30 3" AVENUE EAST, SUITE 302; P.O. BOX 1 1 34, KALISPELL, MT 59903 www.iackola.com PHONE 406.755.320E FAX 4136.755.321a Flathead Regional Development Office 723 5kh Ave. East Room 414 Kalispell, MT 59901 Phone: (406)758-5980 Fam (406)758-5781 PETITION FOR ZONING AMENDMENT CITY OF KALISPELL 1. NAME OF APPLICANT: ifAd lG 2. MAIL ADDRESS: I1530 " j'{) IR9 Mg. Z 3. CITY/STATE/ZIP: PHONE: -155-37.ob 4. INTEREST IN PROPERTY: 5. ZONING MAP AMENDMENT: ZONING TEXT AMENDMENT:_ IF THE REQUEST PERTAINS TO AN AMENDMENT TO THE TEXT OF THE ZONING REGULATIONS, PLEASE CODOWTE TEE FOLLOWING: A. What is the proposed zoning text amendment? P.5-Z IF THE REQUEST PERTAINS TO AN AMENDMENT TO THE ZONING MAP, YLT.&SE COMPLETE TIM FOLLO:i IAG:. A. Address of the property: ALL- t5-2. 7,on(to4j "M-tQ ewrf B. Legal Description: AL-:L. V>-Z (Lot and Block of Subdivision; Tract #) (Section, Township, Range) (Attach sheet for metes and bounds) C. The present zoning of the above property is: D. The proposed zoning of the above property is: E. State the changed or changing conditions that make the proposed amendment necessary: Mn w.�s.ur.eus eu. 4er. p. r.rinis. Y. Tl. e. a new spa 2SRE LAYOUT PLAN r • 9rta Pa-c I of I tile)/C:AWINDOWS\TEMP\sfld_ retail.jpg 5/1/01