09. Amend Zoning Ordinance - B-1 Neighborhood BusinessFlathead Regional Development Offiel
723 5th Avenue East - Room 414
Kalispell, Montana 59901
July 15, 1994 Phone: (406) 758-5780
Bruce Williams, City Manager
City of Kalispell
P.O. Drawer 1997
Kalispell, MT 59903
Re: Amendments to Chapter 27.13 (B-1 Neighborhood Business) of the City of
Kalispell Zoning Ordinance
Dear Bruce:
The Kalispell City -County Planning Board and Zoning Commission met in regular
session on July 12, 1994, and held a public hearing on the following agenda item:
A request by the City of Kalispell to revise the Kalispell Zoning
Ordinance Text, B-1 (Neighborhood Business), Section 27.13. This
amendment to the Ordinance may include changes to the Title, Intent,
and the Permitted and Conditional Uses.
Attached are two letters from affected property owners. The owners of all B-1
zoned property within the city were contacted as were those persons owning
property within 150 feet of each B-1 district.
Brian Wood, City Zoning Administrator, presented the staff report which specified
five recommended amendments to the text of the B-1 chapter. Mr. Wood also
discussed a request made by a local sign company to amend the ordinance to
allow 32-square-foot signs in the B-1 (the code presently limits signs in this
district to 24 square feet in area). Staff recommended that the sign regulations
for the B-1 district remain intact, as conditions have not changed significantly
since the ordinance was adopted in 1992. The five text amendments proposed by
staff are outlined in the attached memo from Wood to the Planning Board.
Seven citizens offered testimony during the public hearing. The majority of those
testifying were in favor of the proposed amendments. Two people, while
supporting the amendments, thought additional changes were appropriate. One
person spoke in favor of allowing larger signs in the B-1 zones.
Board discussion followed the closing of the public hearing. The unanimous
consensus of the Board was to not change the signage requirements in the B-1
district. The motion was made and the vote was 6-0 to forward a favorable
recommendation with respect to the text changes proposed by staff.
Providing Community Planning Assistance To:
• Flathead County • City of Columbia Falls • City of Kalispell • City of Whitefish •
Bruce Williams, City Manager
Re: Amendments to Chapter 27.13 (Neighborhood Business)
July 15, 1994
Page 2
This recommendation is forwarded to City Council for a subsequent public hearing
and final action. Please contact the Commission or the Zoning Administrator if you
have any questions.
Respectfully submitted,
GeSPELL CITX-COUNTY PLANNING BOARD AND ZONING COMMISSION
Ja B. K�en�ne
Vice -Chairperson
Attachments: Memo: Brian Wood, Zoning Administrator (6/29/94)
Letters: Judy Bolla, Marc Spratt, Linda Dry (6/14/94)
M/M H. Kusumoto, Mary Stillman (7/8/94)
Marc M. Spratt (7/12/94)
F:\...\TRANS MIT\KALISPEL\KZTA94.B-1
Telephone (406)752-6600
Fax:(406)755-8017
248 3rd Ave E, po Box 1997
Zip 59901
TO:
The City of Kalispell
Incorporated 1892
MEMORANDUM
Kalispell City -County Planning Board
FROM: Brian J. Wood, Zoning Administrator
DATE: June 29, 1994
RE: Proposed Amendments to Chapter 27.13 Kalispell
Zoning Ordinance - B-1 Neighborhood Business Zone
The City of Kalispell is proposing amendments to the text of
Chapter 27.13 (B-1 Neighborhood Business) of the City of
Kalispell Zoning Ordinance. The purpose of this memo is to
outline the proposed changes for the Board in preparation of the
July 12 public hearing.
The current zoning regulations which govern development in the
B-1 district are attached. You will notice that the number of
permitted uses in the district is somewhat limited. Also
noteworthy is the INTENT section of the chapter (27.13.010),
which states, in part, that the district "should. ..primarily
serve the needs of the surrounding populations", and should not
"...draw customers from well beyond a neighborhood boundary."
In today's business world it is difficult to name a business or
service (including those now permitted in the B-1) that could
meet such standards. The city believes that there are
acceptable, compatible uses that could be permitted in the B-1
zone that would still respect the purpose and intent of the B-1
district, while at the same time maintaining the integrity of
the surrounding neighborhoods. Also attached is a letter from
property owners within the B-1 expressing some of their concerns
and desires regarding the B-1 district.
It is proposed that Chapter 27.13 be amended as follows:
1) Re -title the district to the Neighborhood Buffer District.
2) Delete from Section 27.13.010 (Intent) the following
language: "...and primarily serve the daily needs of the
surrounding populations." and from 27.13.010(1) delete "Draw
customers from well beyond a neighborhood boundary; or.."
(27.13.010(2) would be renumbered accordingly.)
Building Department
Craig A. Kerzman
BUNIng Mill
Brian J. Wood
Zoning Administrator
Dwain Elkins
Richard "Dick' Fura
Bung inspector
Terry Kramer
Building Inspector
3) Amend Section 27.13.120 (Permitted Uses) to include the
following:
- Retail enterprises, no larger than 3,000 square feet in gross
floor area, dispensing on premises commodities or food, except
bars, casinos, taverns, cocktail lounges, clubs and associated
commercial enterprises.
- Business offices and any type of enterprise rendering
professional or personal services, provided: (a) Professional
service does not involve keeping the person receiving the
service overnight on the premises; and (b) Professional service
does not include kennels or animal hospitals or clinics.
4) Delete from 27.13.010 the following:
Permitted Uses numbered (1), (5), (6), (7), (12), (14), (15),
(16), (17), (18), (19) and (24) .
CHAPTER 27.13
B-1 NEIGHBORHOOD BUSINESS
Sections:
B-1 Neighborhood Business - Page 25
27.13.010 intent
27.13.020 Permitted Uses
27.13.030 Uses Which May Be Permitted By Conditional
Use Permit
27.13.040 Property Development standards
27.13.010: Intent. A business district to provide certain commercial and
professional office uses where such uses are compatible with the adjacent residential areas.
This district should serve as a buffer between residential areas and other commercial
districts and primarily serve the daily needs of the surrounding populations. The district is
not intended for those businesses that:
(1). Draw customers from well beyond a neighborhood boundary; or,
(2). Require the outdoor display, sale and/or storage of merchandise,
outdoor services or operations, or outdoor consumption of food and
beverages.
27.13.020: Permitted Uses.
(1).
Antiques/gifts/cards, retail sales (see also retail business).
(2).
Artist studio with incidental sales.
(3).
Automobile service station (see definition).
(4).
Bakery/deli, wholesale/retail, less than 1,500 square feet
manufacturing area.
(5).
Barber and beauty services.
(6).
Bicycle sales/repair (see also retail business).
(7).
Camera sales and supply stores (see also retail business).
(8).
Car wash, automobile detailing shop.
(9).
chemical dependency/substance abuse clinic (outpatient only).
(10).
Chu rch/worship/parish/sunday school buildings.
(11).
Clinics, medical and dental.
(12).
Coin and/or stamp dealers, lapidaries.
(13).
Counseling center for the physically or mentally disabled.
(14).
Dairy bar/ice cream manufacturing, retail on premise.
(15).
Drug stores, may include a pharmacy.
(16).
Florist, retail.
(17).
Food stores, retail under 3,000 square feet.
(18).
insurance office and/or claims centers.
(19).
Launderette/dry cleaning, customer self service.
(20).
Music education with related performance and limited sales.
(21).
Office, professional/governmental.
(22).
Parks.
(23).
Pet shops.
(24).
Pharmacy.
(25).
Photographic studios.
(26).
Post office - satellite or neighborhood.
Page 26 - Kalispell Zoning Ordinance
(27). Prepared food delivery facilities.
(28). Shoe repair.
(29). Take and bake prepared food facility.
27.13.030: uses Which May Be Permitted By Conditional Use Permit.
(1).
Apartments, Accessory. (Amended Ordinance No. 1195.)
(2).
Community center/gym/swim pools operated by public orquasi-public.
(3).
Day care center.
(4).
Electrical distribution station.
(5).
Law enforcement/fire stations.
(6).
Libraries, museums, and similar cultural facilities.
M.
Life styling center.
(8).
Printing/publishing/reproduction/blueprinting/photostating
establishments. (Amended Ordinance 1194)
(9).
Railroad rights -of -way.
(10).
School, commercial.
(11).
Temporary building/structure.
(12).
Water storage facilities.
27.13.040
Property Development standards.
(1).
Minimum Lot Area: 7000 square feet
(2).
Minimum Lot Width (FT): 60
(3).
Minimum Yards (FT):
Front Yard - 20
Side Yard . 5
Rear Yard - 20
Side•Corner -15
(Amended ordinance No. 11go.)
(4).
Maximum Building Height (FT): 30
(5).
Permitted Lot Coverage (%): 50
(6).
Off -Street Parking: Refer to Sections 27.26 and 27.27.
(7).
Maximum Fence Heights (FT):
Front - 0
Side - 6.5
Rear - 6.5
484 N. Main
P.O. Box 1579
Kalispell, Montana 59903
406-752-3516
July 12, 1994
Teresa Hash, Chairman
Kalispell City -County Planning Board
248 3rd Ave. E.
P.O. Box 1997
Kalispell, MT 59903
Re: Proposed amendments to Chapter 27.13 Kalispell Zoning Ordinance - B-1 Neigh-
borhood Business Zone
Dear Chairman Hash,
As you are aware several owner of property in the B-1 District located on NOrth Main
proposed general changes to the above cited section of the Kalispell Zoning Ordinance
on June 14, 1994 which included:
A. Deletion of the term "neighborhood" from the title.
B. Modify the intent section by deletion of "daily needs of surrounding populations"
and Item 1.
C. Establish categories for permitted uses as a preferred alternative to specified uses.
The City Staff have proposed amendments before you tonight which include:
A. Retitle the district to read "Neighborhood Buffer District.
B. Delete from intent section "daily needs of surrounding populations" and Item 1.
C. Amend Section 27.13.120 (Permitted uses) to include:
1. Retail Enterprises - no larger than 3000 ft2
2. Business offices including any type of enterprise rendering professional or per-
sonal services provided clients do not stay overnight and do not include ken-
nels, animal hospitals or clinics.
The staff has seriously considered and, in several cases, proposed action in line with the
recommendations previously submitted. I would like to respectfully suggest the follow-
ing changes/additions to the proposed revisions of 27.13.
A. Change "Retail Enterprises" to "Retail Business" and reference 27.37.010(194) of
the existing Zoning Ordinance.
B. Define terms not otherwise listed in 27.37.010 such as Retail Enterprise, if it re-
mains in the text, Business Offices and Professional or Personal Services.
C. Change Apartments, accessory from a conditional use to a permitted use.
D. Add a section
"No use shall constitute a nuisance by reason of smoke, fumes, odor, steam,gases,
vibrations, noise hazards or otherwise, beyond the property boundary lines."
E. Add applicable referenced sections of the ordinance such as 27.03.010(5)(a) which
modifies lot size requirements and the section(s) covering on -site storage for exam-
ple.
F. As previously suggested delete "neighborhood" from the title.
G. As a matter of housekeeping, change the reference in item 3 of the proposed revi-
sion from 27.13.120 to 27.13.020.
Thank you for the opportunity to present my thoughts related to revision of the B-1 sec-
tion of the Kalispell Zoning Ordinance.
Since lyG��[
Marc M. Spratt, CPG, PH, CGWP
MS: dbm
Page 2
Spratt & Associates
Consulting Hydrogeology
June 14, 1994
Brian J. Wood
Zoning Administrator
The City of Kalispell
Kalispell, MT 59903
Dear Mr. Wood:
Kalispell has a B-1 zone that lies along Sunset Boulevard and North Main
Street. We own various businesses in this zone and we'd like to make
several suggestions to improve the utility of the B-1 zoning district.
Further, as your are aware, there are problems with the existing
regulatory format.
This area is important to the adjacent residential sections as a buffer.
Businesses moving into B-1 areas most often cccupy existing buildings.
The gradual deterioration of these buildings is slowed by renovations
and maintenance. These renovations delay new construction and its
accompanying high impact, intensive use. This preserves the buffer zone
for the residential sections.
The present B-1 definition is a yeoman's effort by the city planners to
mold past and present uses into an updated planning concept. To enhance
while maintaining the intent of the existing definition, we suggest the
following. First, delete "neighborhood" from the title of the B-1
district. Next, the intent statement and the permitted uses section
should be modified to reflect the reality of the present time. Given
that few, if any businesses, depend solely on clientele from an area
within walking distance of their facility, we suggest that reference to
"the daily needs of the surrounding population" and item #1 of the
intent statement be deleted.
Given the changing nature of business it would be useful to establish
categories (instead of specified permitted uses). Categories such as
retail businesses, clinics, or professional offices could be established
as described in the existing regulations. The scope of these categories
could be limited by property development standards such as number of
square feet in the building or off street parking requirements.
In summary we feel B-1 is a necessary buffer zone. A need exists for a
buffer business zone between residential and commercial areas of the
city. Thoughtful definition of this buffer zone may reduce urban
blight, enhance property values, and maintain the architectural flavor
of the city. Redefinition will facilitate coordination of changing
business dynamics and city growth.
Ydy
Faucets & Fixtures
Sincerely,
Marc Spratt
Spratt & Associates
1�ndaDry, 6C2:-�
JUL 1 i 1994
R' Y 17
Mr. Brian J. Wood
Zoning Administrator
P.U. Box 1997
Kalispell., Montana 59901.
Dear Mr. Wood:
M/M I1. Kusumoto
566 First Ave. EN
Kalispell, Mont. 59901
Mrs. Mary Stillman
33 E. California St.
Kalispell, Montana 59901
July 8, 1994
We would like to go on record with the City -County Planning Board
as opposed to any further business uses permitted to encroach into
residential areas. We would like to see the permitted uses iu the B-I
district further restricted and not expanded, and the Intent (27.13.010)
not revised. If there are other uses which you want to permit it could
be done under the "may be permitted by conditional use permit".
Unless you have had the experience of living with the presently
accepted mixture of business and residential I believe that you do not
understand just what complications arise. We live on First Avenue EN;
Main Street in the five hundred block is, I believe, a B-1 district.
The first allowed business in our area was an "answering service" which
my mother okayed in her belief that answering a telephone would cause no
complications to her way of living. That answering service became first
some type of communications service and then a sales and maintenance
of vehicle communications equipment. They built a large garage where
they installed and repaired auto communications and it was a very
invasive and unpleasant neighbor. They went out of business and it now is
a tele-communications service and is of minimum impact as a business
neighbor. What started as a church on the corner of North Main and
California is now a Medical Supply and they have far more activity than
they have parking area which makes the first block on E. California
basically a parking lot for that business. Until this spring their refuse
service arrived sometimes as early as 5AM. My request directly to that
refuse company to delay their pick-up met with a non -interested response.
The family on First Avenue EN that made pies for sale to restaurants
had delivery trucks. The Baby-sitting service was of little negative im-
pact except for traffic. Places which I assume should have had commercial.
garbage pick-up did not comply with that regulation and we were grateful
for that non-complience as the very early, very noisy pick-up was melt
annoying.
Post4t" brand tau transmittal memo 76n
Fwc •
358 53
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