2. Ordinance 1743 - Zoning Text Amendment - J2 Office Products - 1st ReadingINITORWiffsa
REPORT TO:
FROM:
SUBJECT:
MEETING DATE:
Planning Department
201 V Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.kalispLil.com/planning
Doug Russell, City Manager `,
Kevin LeClair, Senior Planner
KPP-14-01 — Office Supply Zoning Text Amendment
September 2, 2014
BACKGROUND: The Kalispell City Planning Board met on August 12, 2014, and held a public
hearing to consider a zoning text amendment request from the John Flink of J2 Office Products to
ainend Section 27.12.020 (23) and APPENDIX B of the City of Kalispell Zoning Ordinance to permit
office supply retail uses to exceed the current 4,000-square foot limitation on retail uses in the B-1
(neighborhood business) land use zoning district.
Staff presented the staff report and recommended approval of the requested zoning text amendment.
The Planning Board posed several questions of staff regarding the request and its implications in the
city's neighborhood business zoning districts.
After some discussion, the Planning Board voted unanimously, on a vote of 5-0, to forward a positive
recommendation to the City Council that the requested zoning text amendment be adopted.
RECOMMENDATION: A motion to adopt the ordinance amending Section 27.12.020 (23) and
"APPENDIX B" of the Kalispell Zoning Ordinance.
FISCAL EFFECTS: Approval of the request will have limited fiscal impact to the City.
ALTERNATIVES: Deny the request.
Respectfully submitted,
Kevin LeClair
Senior Planner
Staff report compiled: August 4, 2014
Theresa White, Kalispell City Clerk
John Flink, J2 Office Products
ORDINANCE NO.1743
AN ORDINANCE AMENDING THE KALISPELL ZONING ORDINANCE (ORDINANCE
NO. 1677), BY AMENDING SECTION 27.12.020, B-1, NEIGHBORHOOD BUSINESS AND
APPENDIX B OF THE ZONING ORDINANCE, AND DECLARING AN EFFECTIVE
DATE.
WHEREAS, John Flink has submitted a written request to amend the Kalispell Zoning Ordinance,
by amending the permitted uses in the B-1, Neighborhood Business zoning district to
permit office supply retail uses to exceed the current 4,000 square foot limitation; and
WHEREAS, the request was forwarded to the Kalispell City Planning Board and Zoning
Commission by the Kalispell Planning Department after having been evaluated under
27.29.020, Kalispell Zoning Ordinance; and
WHEREAS, the Kalispell City Planning Board and Zoning Commission recommended that the
text of the Kalispell Zoning Ordinance be amended so as to permit office supply
retail uses to exceed the current 4,000 square foot limitation; and
WHEREAS, the City Council has reviewed the KPD Report and the transmittal from the Kalispell
City Planning Board and Zoning Commission and hereby adopts the findings made in
Report #KZTA-14-01 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 1. The City of Kalispell Zoning Ordinance, Ordinance No. 1677, is
hereby amended as follows on Exhibit "A".
SECTION 2. All parts and portions of Ordinance No. 1677 not amended hereby
remain unchanged.
SECTION 3. 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 , 2014.
ATTEST:
Theresa White
City Clerk
Mark Johnson
Mayor
EXHIBIT "A"
B-1, Neighborhood Business
27.12.020: Permitted Uses.
(1) Bakery
(2) Banks and financial institutions
(3) Barber and beauty services
(4) Catering establishments
(5) Churches
(6) Day care - home (12 or fewer)
(7) Dwellings - single family
- duplex
- townhouse (2 attached units)
(8) Fairgrounds (public)
(9) Funeral homes and crematoriums
(10) Home occupations (refer to Section 27.20.060)
(11) Jail facilities (public)
(12) Laundromats and dry cleaners
(13) Media (newspaper, radio, TV)
(14) Offices, professional/governmental
(15) Pack and ship shops
(16) Parks
(17) Photographic studio
(18) Police and fire stations
(19) Post office
(20) Print and copy shops
(21) Repair shops (clothing, electronics)
(22) Restaurants (no outdoor intercom; no larger than 4,000 square feet)
(23) Retail, limited4,000 sq ft)
- retail enterprises no larger than 4,000 sq ft
- office supply
(24) Safe houses
(25) Schools - K-12 (public)
- post secondary (public)
- commercial
(26) Veterinary clinic, small animals
APPENDIX B - TABLE OF USES ALLOWED BY ZONE
Footnotes
1. Multi -family dwellings on the second floor.
2. No retail.
3. No outdoor intercom, no larger than 4,000 sq ft.
4. Retail uses include: florist, pharmacy, opticians, medical supplies and equipment,
bookstores, and similar uses.
5. Retail enterprises no larger than 4,000 sq ft, and office supply.
6. Showrooms only.
CITY OF KALISPELL — ZONING REGULATIONS
KALISPELL PLANNING DEPARTMENT
STAFF REPORT #KZTA-14-01
AUGUST 4,2014
This is a report to the Kalispell City Planning Board and the Kalispell City Council regarding a
request for a text amendment to Section 27.12.020 (23) of the City of Kalispell Zoning
Regulations. Currently, the ordinance limits the maximum floor area for retail enterprises in the
B-1 (neighborhood business) land use zoning district to 4,000 square feet. The request would
allow office supply as an allowed retail use in the zoning district, without the 4,000-square foot
cap. A corresponding change would also be made to Footnote 5, of Appendix B of the Zoning
Ordinance. A public hearing has been scheduled before the planning board for August 12, 2014,
beginning at 6:00 PM in the Kalispell City Council Chambers. The planning board will
forward a recommendation to the Kalispell City Council for final action.
BACKGROUND INFORMATION
A. Petitioner: John W. Flink
292 East Bowman Drive
Kalispell, MT 59901
B. Area Affected by the Proposed Changes:
Any property within the B-1 (neighborhood business) land use zoning district in the City of
Kalispell would be affected by the change,
C. Proposed Amendment:
The changes to the current text of the code section are indicated below. Deletions are struck -out
and additions are underlined.
27.12.020: Permitted Uses.
(1) Bakery
(2) Banks and financial institutions
(3) Barber and beauty services
(4) Catering establishments
(5) Churches
(6) Day care - home (12 or fewer)
(7) Dwellings - single family
- duplex
- townhouse (2 attached units)
(8) Fairgrounds (public)
(9) Funeral homes and crematoriums
(10) Home occupations (refer to Section 27.20.060)
(11) Jail facilities (public)
(12) Laundromats and dry cleaners
(13) Media (newspaper, radio, TV)
(14) Offices, professional/governmental
(15) Pack and ship shops
(16) Parks
(17) Photographic studio
(18) Police and fire stations
(19) Post office
(20) Print and copy shops
(21) Repair shops (clothing, electronics)
(22) Restaurants (no outdoor intercom; no larger than 4,000 square feet)
(23) Retail, limited ,000 sq ft)
- retail enterprises no larger than 4,000 sq ft
- office supply
(24) Safe houses
(25) Schools - K-12 (public)
- post secondary (public)
- commercial
(26) Veterinary clinic, small animals
APPENDIX B - TABLE OF USES ALLOWED BY ZONE
Footnotes
1. Multi -family dwellings on the second floor.
2. No retail.
3. No outdoor intercom, no larger than 4,000 sq ft.
4. Retail uses include: florist, pharmacy, opticians, medical supplies and equipment,
bookstores, and similar uses.
5. Retail enterprises no larger than 4,000 sq ft, and office supply.
6. Showrooms only.
D. Staff Discussion:
The Kalispell Zoning Ordinance states that the intent of the B-1 (neighborhood business) is,
"intended to provide certain commercial and professional office uses where such uses are
compatible with the adjacent residential areas. This district would typically serve as a buffer
between residential areas and other commercial districts. Development scale and pedestrian
orientation are important elements of this district. This district is also intended to provide goods
and services at a neighborhood level. The district is not intended for those businesses that require
the outdoor display, sale and/or storage of merchandise, outdoor services or operations to
accommodate large-scale commercial operations."
The B-1 (neighborhood business) land use zoning district makes up a small proportion of the
overall zoning designations of the city, with limited locations generally adjacent to either
principal and/or minor arterial roadways, or strategically located to buffer more -intensive land
uses from less -intensive uses. The map on the following page illustrates the location of the B-1
zoning districts in the city and their total area.
Currently, the Zoning Ordinance limits retail uses in the B-1 zoning district to a maximum of
4,000 square feet. The effect of the proposed amendment would lift the square footage limit for
office supply retail in the district.
A large component of an office supply retail business is the showrooming and storage of office
furniture and business machines, such as copiers, printers, and computing equipment. By
necessity, the 4,000 square foot limit for office supply retail in unrealistically limiting on this
type of use given the space needs to adequately display and store inventory.
It is also customary that a significant portion of an office supply company's service is provided at
the customer's business location, rather than at the office supply business's physical address.
This business model effectively limits the number of customers coming to the business, because
much of the business is conducted via sales and service visits.
The statutory basis for reviewing a change in zoning is set forth by 76-2-303, M.C.A. Findings
of Fact for the zone change request are discussed relative to the itemized criteria described by 76-
2-304, M.C.A.
Is the zoning regulation made in accordance with the rah polio?
The proposal is consistent with the goals and policies of the growth policy. The growth
policy encourages the development and growth of prosperous commercial districts, each
with a viable mix of business. The addition of office supply retail larger than 4,000
square feet in the B-1 zoning district allows for viability and growth of a business that
helps support the rest of the district in which it is located, as well as other businesses in
the city.
2. Does the zoning regulation consider the effect on motorized and non -motorized
transportation systems?
The proposed amendment would have a minimal effect on transportation systems,
because any development or redevelopment is reviewed by the city's site review
committee to ensure any impacts to the transportation system are adequately addressed.
3. Is the zoning_ regulation designed to secure safety from fire and other dangers?
The proposed amendment would have little impact. City codes such as building, fire, and
zoning regulations, adequately address fire and other dangers.
4. Is the zoning regulation designed topromote public health public safety, and the general
welfare?
As with safety from fire and other dangers, the general health, safety, and welfare of the
public will be promoted through general city regulations designed to regulate allowable
uses when the use is developed or remodeled.
5. hoes the zoning regulation consider the reasonable provision of adequate light and air?
The proposal would have minimal impact on light and air. Other applicable zoning and
building code regulations ensure a reasonable provision of air and light.
6. Is the zoning regulation designed to facilitate the adequate provision of transportation,
water, sewerage schools parks, and other public requirements?
The proposal would have minimal impact on those services. Within the city, any use
impacted by this amendment would likely be connected to existing city utilities and other
services.
7. Does the zoning regulation consider the character of the district and its peculiar suitability
for particular uses?
The amendment would have the greatest potential impact on nearby adjacent residential
zones that tend to border the neighborhood business districts. The proposed amendment
is not anticipated to have a negative effect on the character of the district because of the
unique characteristics of the office supply retail sector. The nature of office supply is that
it generally serves business customers. As such, the majority of the business is conducted
during normal business hours. In addition, if the office supply operation also provides
deliveries and on -site services, much of the business takes place away from the primary
business location at that the customer's place of business.
8. Does the zoning regulation consider conserving the value of buildings?
Building values will be conserved by providing reasonable standards within zoning
districts by encouraging predictable, orderly, and consistent development within the city.
9. Does the zoning regulation encourage the most appropriate use of land throughout the
municipality?
This amendment encourages the most appropriate use of land in the city by allowing for
office supply retail, exceeding the 4,000-square foot limit place on other retail uses, so
that this category of retail use is establish and grow within the neighborhood business
districts. In this way, a vital service to the other businesses located in the district and in
the city can be provided in an efficient and cost-effective way.
Staff recommends that the Kalispell City Planning Board adopt the findings in staff report
KZTA-14-01 and recommend to the Kalispell City Council that the proposed amendment be
adopted as provided herein.
PLANNING 'FOX THE FUTUILE
Planning Department
201 1" Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.kalispell.eom/planning
You are being sent this notice because you are a property owner within 150 feet of the proposed
project noted below and will be most directly affected by its development. You have an opportunity
to present your comments and concerns to the Kalispell Planning Department. You may come into
the office in person at the above address or you may contact the office at (406) 758-7940 for
additional information. Written comments may be submitted to the Kalispell Planning Department
prior to the submission date, or emailed to us at planning�kalispell.com.
NOTICE OF PUBLIC FEARING
KALISPELL CITY PLANNING BOARD AND ZONING COM[M(ISSION
AUGUST 12, 2014
A regular meeting of the Kalispell City Planning Board and Zoning Commission is scheduled
for Tuesday, August 12, 2014, beginning :at �6 0'0 =P1VI in the Kalispell City Council
Chambers, Kalispell City Hall, 201 First Avenue East, Kalispell. The planning board will
hold a public hearing and take public comments on the following agenda item. The Board will
make recommendations to the Kalispell City Council who will take final action.
1. File # KPP-14-02 —Bright View Subdivision Phase 2
A request from Montana Department of Natural Resources and Conservation (DNRC) for the
subdivision of 25.5 acres into twelve (12) commercial lots, a storm drainage tract, and a segment
of Kalispell public right-of-way. The site is located east of Reserve Loop, west of Highway 93
Alternate (Kalispell Bypass), and south of Reserve Place (formerly West Reserve Drive). The
property being subdivided can be described as Lot 3 of Bright View Subdivision Phase 1, located
in the north % of Section 36, Township 29 North, Range 22 West, P.M.,M., Flathead County,
Montana.
2. File # KZTA-14-01 — J2 Office Products Zoning Text Amendment
A request from John W. Flink, of J2 Office Products, for an amendment to the text of Section
27.12.020 (23) and Appendix B of the Kalispell Zoning Ordinance. The request is to add "office
supply" and "retail enterprises no larger than 4,000 sq ft" as bullets listed under the permitted use
of "Retail, limited;" and adding "office supply" to Footnote #5, respectively. The effect of this
change would allow office supply retail uses larger than 4,000 square feet in the B-1
(Neighborhood Business) land use zoning district.
3. File # KZTA-14-02 —Zoning Ordinance Text Update
A request from the City of Kalispell for a series of updates to the zoning ordinance. Every few
years, the City initiates a set of text amendments to clean-up areas of the ordinance that need
additional clarification or to adopt general provisions that are needed to keep the ordinance
operating in an effective, user-friendly manner. This set of updates includes more specific
provisions for temporary uses in a placeholder planned unit development (Section 27.19.020),
adding rail industrial parks as a permitted use in the 1-1(Light Industrial) zone (Section
27.16.020), clarifications and more consistent language under the off-street parking design
chapter (Chapter 27.24), cross-references for definitions relating to residential uses (Chapter
27.37), clarification of the use of recreational vehicles in certain areas (new Section 27.20.085
and Chapter 27.37), clarification of site review standards (Section 27.20,120), and clarification
of rules relating to kennels (Section 27.34.010). It also brings the existing airport affected area
regulations under the zoning ordinance rather than the currently stand-alone ordinance enforced
by the airport manager (new Section 27,20.025).
4. File # KGPA-14-01 — Kalispell Growth Policy Update — PLAN -IT 2030
The Kalispell City Planning Board has spent the past year drafting an update to the text of the
Kalispell Growth Policy. The updated draft addresses a number of key topics that affect the
future growth and development of the City of Kalispell. Each chapter presents a brief
introduction of the particular topic, lists a number of issues surrounding the topic, establishes
goals and priorities, lays out the policies that will guide the city, and frushes with a number of
recommended actions. The Growth Policy's Future Land Use Map has remained unchanged.
In addition to the items above, the following agenda item will be the topic of a work session
following the regular meeting of the Kalispell City Planning Board and Zoning Commission.
The Planning Board will hold a public hearing, take public comments, and make a
recommendation to the Kalispell City Council at their next regular meeting scheduled for
7:00 PM, September 9, 2014.
File # KPUD-14-01 — Captain's Marine Planned Unit Development (PUD)
A request from APEC Engineering, on behalf of Captain's Marine (Somers Bay Trading Co.
LLC), for a Planned Unit Development for the development of a boat and trailer sales and
service facility consisting of 14,900 square feet of sales, offices, and service areas on the main
floor and 1,800 square feet of offices on the second level. The PUD proposal also includes
associated parking, landscaping, and public utility connections and extensions as needed or
requited. The property is located at 3215 Highway 93 South and can be described as Tract C in
the northwest corner of Section 33, Township 28 North, Range 21 West, P.M.M., Flathead
County, Montana.
Documents pertaining to the agenda items are on file for public inspection at the Kalispell
Planning Department, 201 First Avenue East, Kalispell, MT 59901, and are available for public
review during regular office hours. In addition, information on the agenda item is posted on our
website at wvvw.kalispell.com/planning under "Planning Board Agenda & Staff Reports".
Interested persons are encouraged to attend the hearing and present their views and concerns to
the Board.
Planning Department
201 1" Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.icalispell.com/planninIZ
Date: July 8, 2014
To: Kalispell City Departments and other agencies
From: Kevin LeClair, Senior Planner
Re: August 12, 2014 Planning Board Meeting
The Planning Department has received the following applications for review at the Kalispell
Planning Board meeting on August 12, 2014:
A request from Montana Department of Natural Resources and Conservation (DNRC) for
the subdivision of 25.5 acres into twelve (12) commercial lots, a storm drainage tract, and
a segment of Kalispell public right-of-way. The site is located east of Reserve Loop, west
of Highway 93 Alternate (Kalispell Bypass), and south of Reserve Place (formerly West
Reserve Drive). The property being subdivided can be described as Lot 3 of Bright View
Subdivision Phase 1, located in the north'/z of Section 36, Township 29 North, Range 22
West, P.M.,M., Flathead County, Montana.
2. A request from John W. Flink, of J2 Office Products, for an amendment to the text of
Section 27.12.020 (23) of the Kalispell Zoning Ordinance. The request is to add "office
supply" and "retail enterprises no larger than 4,000 sq ft" as bullets listed under the
permitted use of "Retail, limited." The effect of this change would allow office supply
retail uses larger than 4,000 square feet in the B-1 (Neighborhood Business) land use
zoning district.
3. A request from APEC Engineering, on behalf of Captain's Marine (Somers Bay Trading
Co. LLC), for a Planned Unit Development for the development of a boat and trailer sales
and service facility consisting of 14,900 square feet of sales, offices, and service areas on
the main floor and 1,800 square feet of offices on the second level. The PUD proposal
also includes associated parking, landscaping, and public utility connections and
extensions as needed or required. The property is located at 3215 Highway 93 South and
can be described as Tract C in the northwest corner of Section 33, Township 28 North,
Range 21 West, P.M.M., Flathead County, Montana.
If your office has any cornrnents on the proposed subdivision please provide those continents
to me by July 25, 2014, so 1 can include them in my staff reports.
c: w/atta.chments: Doug Russell, City Manager
Charles Harball, City Attorney
Susie Turner, Public Works Director
Jeff Clawson, Building Official
Chad Fincher, Parks Director
Wade Rademacher, Captain, Kalispell Police Department
Dave Dedman, Fire Chief
P.J. Sorensen, Zoning Administrator
James Freyholtz, Kalispell MDT office
B.J. Grieve, Flathead County Planning and Zoning
Anne Moran, Montana DNRC
c: w/o attachments: F & H Land Surveying, PO Box 114, Whitefish, MT 59937
Steve Lorch, DNRC, 655 Timberwolf Parkway, Suite 1, Kalispell,
MT 59901
Somers Bay Trading Co., LLC, 120 Vista Drive, Bigfork, MT
,59911
APEC Engineering, Inc., 111 Legend Trail, Kalispell, MT 59901
John W. Flink, 292 E Bowman Drive, Kalispell, MT 59901
Planning Department
201 1St Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.kalispell.com /planning
NAME OF APPLICANT: John W. Flink
MAILING ADDRESS: 292 East Bowman Dr
CITY/STATE/ZIP: Kalispell, MT 59901
WHAT IS THE PROPOSED ZONING TEXT AMENDMENT?
PHONE: 406-752-8520
Proposed amendment is to Section 27.12.020(23) and Appendix B. It would contain the following change:
(23) Retail, Limited (retail enterprises no larger than 4,000 sq ft)
- retail enterprises no larger than 4,000 sq ft
- office supply
WHAT IS THE PURPOSE OR INTENT OF THE PROPOSED TEXT AMENDMENT?
Allow office products companies to operate in B-1 zoning with a building size appropriate for their business.
HOW WILL THE PROPOSED CHANGE ACCOMPLISH THE INTENT AND PURPOSE OF:
A. Promoting the Growth Policy
Promoting appropriate uses in a given zone allows for a more orderly development throughout the city and
encourages better safety, preserves property values, and allows for better provision of services.
I
B. Lessening congestion in the streets and providing safe access
In this particular case, expanding the business to include the adjacent lot will allow expansion and
IYU1 atiu! 1 Uf the parking lot and parking lot access points off of Wyoming street to reduee
congestion and promote safety.
C. Promoting safety from fire, panic and other dangers
See section A.
D. Promoting the public interest, health, comfort, convenience, safety and general
welfare See section A.
E. Preventing the overcrowding of land
See section A.
F. Avoiding undue concentration of population
See section A.
G. Facilitating the adequate provision of transportation, water, sewage, schools,
parks, and other public facilities
See section A.
H. Giving reasonable consideration to the character of the district
The B-1 zone provides a location for low impact retail uses. Office supply is such a use.
I. Giving consideration to the peculiar suitability of the property for particular uses
The highway 93 corridor is commercial and the interface of this business to the adjacent residential area
will be done in a pleasant manner adhering to all local requirements.
2
J. Protecting and conserving the value of buildings
See section A.
K. Encouraging the most appropriate use of land by assuring orderly growth
See section A.
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(Applicant Signature)
June 17, 2014
(Date)
3
STATE OF MONTANA
FLATHEAD COUNTY
AFFIDAVIT OF PUBLICATION
LISA FLE MING BEING DULY'
SWORN, DEPOSES AND SAYS: THAT SHE IS THE
LEGAL, CLERIC OF THE DAILY INTER LAKE A
DAILY NEWSPAPER OF GENERAL CIRCULATION,
PRINTED AND PUBLISHED IN THE CITY OF
KALISPELL, IN THE COUNTY OF FLATHEAD,
STATE OF MONTANA, AND THAT NO. 22003
LEGAL ADN7ERTISMENT WAS PRINTED AND
PUBLISHED IN THE REGULAR AND ENTIRE ISSUE
OF SAID PAPER, AND IN EACH AND EVERY COPY
THEREOF ON THE DATES Of July 27, 2014.
AND THE RATE CHARGED FOR THE ABOVE
PRINTING DOES NOT EXCEED THE MINIMUM
GOING RATE CHARGED TO ANY OTHER
ADVERTISER FOR THE SAME PUBLICATION,
SET IN THE SAME SIZE TYPE AND PUBLISHED
FOR THE SAME NUMBER OF INSERTIONS.
-2 - - �-, - 2- �-- '
Subscribed and sworn to
Before one this July 28, 2014
3il
�- - Dorothy I. �lLT -- oss
Ole e r(
Notary Public for the State of Montana
Residing in Kalispell
My commission expires 9/11/2017
737
MIROTHY 1. QL�NCRQSS
r
NOTARY POOPC for the
SEAL
ApmWitm ol
My Op"Polon Expircak
11. P'017