5. Ordinance 1381 - Text Amendment - Village Plaza - 2nd 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: Zoning Text Amendment - Village Plaza Development
MEETING DATE: March 19, 2001
BACKGROUND: This is the second reading to amend the Kalispell Zoning
Ordinance, permitted uses in the B-1, Neighborhood Buffer District. This would
increase maximum allowable gross floor area of "retail enterprises dispensing on
premise commodities or food" from a maximum of 3,000 square feet of gross floor area
to 4,000 square feet. Properties with a B-1, Neighborhood Buffer District, zoning
designation could be affected by the proposed change.
Village Plaza, a small neighborhood commercial development located on the
northeast corner of West Evergreen Drive and Whitefish Stage Road, applicants have
found that the limitation of 3,000 square feet of gross floor area limits the needs of
the applicant, and they have therefore applied for an approximately one-third
increase in the total square footage allowed in association with this use. As a result
they have applied for this change.
At the last city council meeting when this issue was discussed, a question was
raised regarding a "variance" for this situation instead of a text amendment. Some
clarification regarding when a variance is warranted may be helpful in
understanding the need for a text amendment. In order to receive positive
consideration on a variance request, the board of adjustment must find that the
situation meets all of the evaluation criteria. Essentially that the request is not a
change in use that would not otherwise be allowed, and that special circumstances
exist that are related to the land that pose a unique hardship; and that this
hardship limits the reasonable use of the property. The hardship is not self-created
or economic; and that the variance does not grant someone a special privilege that
others do not have.
Clearly in this matter, there is no unique hardship, the applicant has reasonable
use of the property, i.e. a successful restaurant is being operated, and allowing
extra square footage would grant him special treatment that others do not have.
Providing Community Planning Assistance To:
• Flathead County • City of Columbia Falls • City of Kalispell • City of Whitefish
Memo to Council on Zoning Text Amendment
y March 19, 2001 regular council mtg
Page 2
RECOMMENDATION: A motion to adopt the ordinance on second reading wuld be
appropriate.
FISCAL EFFECTS: Potentially minor positive effects.
ALTERNATIVES: - As suggested by the city council.
,11 1 4et ZA,
N da A. Wilson Chris A. Kukulski
Senior Planner City Manager
Report compiled: March 13, 2001
c: Theresa White, Kalispell City Clerk
H:\FRDO\TRANSMIT\KALISPEL\2001\KZTAO1-1MEM2C
ORDINANCE NO. 1381
AN ORDINANCE AMENDING SECTION 27.13.020(15) OF THE KALISPELL ZONING
ORDINANCE, (ORDINANCE NO. 1175), BY AMENDING PERMITTED USES IN THE
B-1, NEIGHBORHOOD BUFFER DISTRICT, TO INCREASE THE ALLOWABLE GROSS
FLOOR AREA OF "RETAIL ENTERPRISES DISPENSING ON PREMISE COMMODITIES
OR FOOD" FROM 3,000 SQUARE FEET OF GROSS FLOOR AREA TO 4,000 SQUARE
FEET, AND DECLARING AN EFFECTIVE DATE.
WHEREAS, Village Plaza Development has submitted a written request
to amend Section 27.13.020(15) of the Kalispell Zoning
Ordinance, by amending permitted uses in the B-1,
Neighborhood Buffer District, to increase the allowable
gross floor area of "retail enterprises dispensing on
premise commodities or food" from 3,000 square feet of
gross floor area to 4,000 square 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 Section
27.13.020(15) of the Kalispell Zoning Ordinance be
amended to increase the allowable gross floor area of
"retail enterprises dispensing on premise commodities or
food" from 3, 000 square feet of gross floor area to 4, 000
square feet, 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-01-1 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 27.13.020: Permitted Uses
(15). Retail enterprises, no larger than 4,000
square feet in gross floor area, dispensing
on premises commodities or food, except in
bars, casinos, taverns, cocktail lounges,
clubs and associated commercial
enterprises.
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 19TH DAY OF MARCH, 2001.
Wm E. Boharski
Mayor
ATTEST:
Theresa White
City Clerk