09. Ordinance 1406 - Text Amendment - Building Height Limits - 2nd ReadingREPORT TO:
FROM:
SUBJECT:
MEETING DATE:
Tri-City Planning Office
17 Second Street East — Suite 211
Kalispell, Montana 59901
Phone: (406) 758-1850
Fax: (406) 751-1858
tricity@centurytel.uet
Kalispell Mayor and City Council
Narda A. Wilson, Senior Planner
Chris A. Kukulski, City Manager
Second Reading of Kalispell Zoning Ordinance Text Amendments -
Amendment to Building Height Limits in Various Districts
November 19, 2001
BACKGROUND: This is the second reading on a proposal initiated by the City of
Kalispell at the direction of the city council to amend various sections of the Kalispell
Zoning Ordinance dealing with building heights. The proposed amendments establish
a height limit in all of the residential districts that is generally consistent by
increasing the height limit to 35 feet. This was recommended in part because all the
other zoning jurisdictions in Flathead County have a 35 foot building height limit and
to provide consistency in the residential zones. In the commercial, industrial and
public zones the height limits are recommended to be amended to a maximum of 40
feet and to allow up to a maximum 60 feet with a conditional use permit. It has been
recommended that the 60 foot building height limit would only be allowed by
conditional use permit and would be subject to performance standards. The intent of
these amendments is to provide greater consistency, ease in administration and
flexibility in building design. The conditional use permit process to allow building
height limits up to 60 feet is intended to notice those property owners most affected
by the tall buildings and to provide an opportunity for input.
On November 5, 2001 the Kalispell City Council approved the recommended
amendments on first reading. The Kalispell City -County Planning Board held a public
hearing at their regular meeting of October 9, 2001 regarding the proposed
amendments and discussed the various options. A motion was made to recommend
approval of the proposed changes to the height limits which passed on a vote of six in
favor and one opposed.
RECOMMENDATION: A motion to adopt the ordinance on second reading to amend
the height limits in the various zoning districts would be in order.
FISCAL EFFECTS: Potentially minor positive effects.
ALTERNATIVES: As suggested by the city council.
Providing Community Planning Assistance To:
• City of Kalispell • City of 111itefish • City of Columbia Falls
Kalispell Zoning Ordinance Text Amendment
November 9, 2001
Page 2
Respectfully submitted,
A'-.
Narda A. WilAon
Senior Planner
Report compiled: November 9, 2001
c: Theresa White, Kalispell City Clerk
C,"- AX��
Chris A. Kukulski
City Manager
ORDINANCE NO. 1406
AN ORDINANCE AMENDING THE KALISPELL ZONING ORDINANCE, (ORDINANCE
NO. 1175), BY AMENDING THE MAXIMUM HEIGHT LIMIT OF VARIOUS ZONING
DISTRICTS AS SHOWN ON EXHIBIT "A" AND DECLARING AN EFFECTIVE DATE.
WHEREAS, the City of Kalispell has submitted a written request to
amend the Kalispell Zoning Ordinance, by amending the
maximum height limits of various zoning districts, and
WHEREAS, the request was forwarded to the Kalispell City -County
Planning Board and Zoning Commission by the Tri-City
Planning 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 those maximum
heights as shown on Exhibit "A", and
WHEREAS, . the City Council has reviewed the TCPO Report and the
transmittal from the Kalispell City -County Planning Board
and Zoning Commission and hereby adopts the findings made
in Report #KZTA-01-8 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:
See Exhibit "A"
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 NOVEMBER, 2001.
Wm E. Boharski
Mayor
ATTEST:
Theresa White
City Clerk
EXHIBIT A
PROPOSED AMENDMENTS TO THE BUILDING HEIGHT LIMITS
AMENDING THE VARIOUS SECTIONS
ZONE PRESENT HEIGHT PROPOSED HEIGHT
R-1 Suburban Residential 30 feet 35 feet
R-2
Single Family Residential
30 feet
35 feet
R-3
Urban Single Family Residential
30 feet
35 feet
R-4
Two -Family Residential
30 feet
35 feet
R-5
Residential/Professional Office
35 feet
35 feet
RA-1
Low -Density Residential Apartment
35 feet
35 feet
RA-2
High -Density Residential Apartment
40 feet
40 feet
RA-3
Residential Apartment/Office
35 feet
40 feet
H-1
Health Care
35 feet
40 ft (60 ft w/ CUP)
(Hospitals)
60 feet
B-1
Neighborhood Buffer District
30 feet
35 feet
B-2
General Business
40 feet
40 ft (60 ft w/ CUP)
B-3
Community Business
40 feet
40 ft (60 ft w/ CUP)
B-4
Central Business
72 feet
40ft(unlimited CUP)
B-5
Industrial/Commercial
50 feet
40 ft (60 ft w/ CUP)
I-1
Light Industrial
40 feet
40 ft (60 ft w/ CUP)
I-2
Heavy Industrial
60 feet
40 ft (60 ft w/ CUP)
P-1
Public
50 feet
40 It (60 ft w/ CUP)
For any situation requiring a conditional use permit, performance standards would be
included in Chapter 27.35 "Additional Requirements for Specific
Conditional Uses." Both
the Site
Development Review Committee and
the Architectural
Review Committee were
consulted
in the development of these performance standards.
Those standards are as
follows:
Additional Building Height. Structures requiring a conditional use permit due to
additional height shall, in addition to any other applicable standards, be subject to the
following standards:
1. No additional height shall be allowed within 150 feet of any R or RA zone. Any
right-of-way adjacent to the subject property shall be excluded from the
measurement.
2. No structure (subject to Section 27.22.070 regarding exceptions to height
regulations) shall extend above a 1:1 slope established with a beginning point at
the applicable setback line at an elevation equal to the elevation at natural grade
at the nearest point on the property line plus the maximum height allowed in the
zoning district.
The Architectural Review Committee shall submit a recommendation which shall be considered as
a material factor in the consideration of the application.