3. Ordinance 1744 - Zoning Text Amendments - Various - 2nd ReadingPLANNING FOX THE FuT uRE
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luriD1ONIVIM 7T1liX,
Planning Department
2010 Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.kalispell.com/planning
Doug Russell, City Manager(
PJ Sorensen, Kalispell Planning Dept
KZTA14-02 — Zoning Text Amendment — General Updates
September 15, 2014 (Second Reading)
BACKGROUND: The Kalispell City Planning Board met on August 12, 2014, and held a public
hearing to consider a request by the City of Kalispell. As part of a continuing effort to make the
zoning ordinance updated and current, staff compiled a short list of minor amendments to the
ordinance. The proposal was forwarded to the City Council by the Planning Board with a positive
recommendation on a unanimous vote of 6-0 and included amendments relating to the rail industrial
park, placeholder PUDs, moving the airport affected area under the zoning ordinance, RVs, site
review procedures, kennels, and cross-references for residential definitions.
The Council approved the proposal at its meeting of September 2 on an 8-0 vote.
RECOMMENDATION: A motion to approve the requested amendment.
FISCAL EFFECTS: Approval of the request would have minimal fiscal effect to the City.
ALTERNATIVES: Deny the request, which would maintain the current ordinance language.
Respectfully submitted,
PJ Sorensen
Kalispell Planning Dept
Report compiled: September 5, 2014
c: Theresa White, Kalispell City Clerk
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WHEREAS, the City of Kalispell submitted a written request to update various sections of the
Zoning Regulations for the purpose of making the regulations more accessible to the
public and to better reflect the current use patterns existing in the city today; and
WHEREAS, the request was forwarded to the Kalispell City Planning Board and Zoning
Commission by the Kalispell Planning Department and evaluated pursuant to the
terms of 76-2-304, Montana Code Annotated; and
WHEREAS, on August 12,2014, the Kalispell City Planning Board and Zoning Commission held
a duly noticed public hearing and upon receiving written and oral evidence from the
public, made its recommendation to the Council that the Zoning Regulations be
amended to incorporate those changes as set forth in Exhibit "A"; and
WHEREAS, the City Council has reviewed the Kalispell Planning Department Report and the
transmittal from the Kalispell City Planning Board and Zoning Commission and
hereby adopts the findings presented in Kalispell Planning Department report KZTA-
14-2 as the Findings of Fact.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL AS FOLLOWS:
SECTION 1. The City of Kalispell Zoning Regulations are hereby amended to read
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as set forth in Exhibit "A", attached hereto and incorporated fully
herein by this reference.
SECTION 2. The City Attorney is hereby authorized and directed to recodify this
Ordinance.
SECTION 3. This Ordinance shall take effect thirty (30) days after its final passage.
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CITY OF KALISPELL THIS 15TH DAY OF SEPTEMBER, 2014.
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Theresa White
City Clerk
Mark Johnson
Mayor
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CHAPTER 27.16
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Sections:
27.16.020: Permitted Uses.
(41) Rail Industrial Park
(Renumber accordingly; add to Appendix B-Table of Uses Allowed By Zone)
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Sections:
27.37.010: Definitions.
(149) Rail Industrial Park. A subdivision with uses directly served by railroad
and each individual sub -use is listed as a permitted or conditionally
permitted use within the zone where the subdivision sits.
(renumber accordingly)
Staff Comment: This proposal came to light with the proposed rail industrial park on the
east side of town in the old gravel pit. Each individual use within the park would be a
permitted or conditionally permitted use within the current zoning. However, given the
extensive level of review that the park has undergone and will continue to receive, it would
be overkill to require additional review of conditionally permitted uses within the park.
Listing the park as a whole as a permitted use still retains the review of its impact on
surrounding properties as the overall project moves forward.
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Proposed Text
CAAPTER 27.19
ff�'LANNED UNIT DEVELOPMENT DISTRICT (PUD�
Sections:
27.19.020: General. The following application and review procedures shall apply to designation
and approval of all planned unit developments in the city.
(2) PUD Application Thresholds: It is anticipated that PUD applications will be
submitted in one of two forms, a PUD full application meeting all the
requirements of this section and a PUD Placeholder application which serves
as a place marker for a future PUD application. Within any PUD application
it is possible to incorporate one or both of the categories listed below:
(a) PUD Full Application — This application will be processed in
accordance with the full provision of this chapter and will require the
submission of all application materials required in Section (3) PUD
Application Materials below.
(b) PUD Placeholder Application — This submittal typically is involved
with annexation and initial zoning or a rezoning in which the
applicant requests a PUD designation noting the applicant's intent to
develop a PUD and enter into a development agreement with the city,
binding the property to a future PUD application but not providing
any application materials or development plan nor receiving any
entitlements other than a coiranitment between the city and the
applicant that if when development is to proceed it will be done via
the PUD process. Pfief to development of the PUD the applieant,
would pfeeeed asing the fall PUP applieation pfeeess.
1. Prior to the use or development of any property within the
PUD Placeholder beyond the specifically listed uses and
activities within this section, the applicant shall submit an
application for and proceed with the full PUD application
process as outlined in subsection 3 below.
2. Interim use in a PUD Placeholder prior to development o
the full PUD is allowed based on the criteria below:
a. All proposed uses and activities of the land and existing
structures must comply with the underlying zone.
b. An administrative conditional use permit would be
required to document and approve the interim use or
activity.
c. Only the following activities are allowed:
1. Remodeling/repair/removal of existing structures
or buildings;
2. Parking of vehicles and equipment for storage as
long as the purpose is not meant for display from a
public right-of-way;
3. Fencing and lighting; and
4. Earth work, site leveling and drainage work.
d. The following new uses and activities are not allowed
without the full PUD application process:
1. Freestanding signs;
2. Additional access points onto a public road system;
3. Expansion of existing structures by more than
10%; and
4. New structures or building development beyond
what is otherwise specifically allowed under this
section.
e. Interim use of the property as described above does not
relieve the owner from compliance with overall PUD
requirements at the time additional development beyond
the scope of interim development occurs.
Staff Comment: A few years ago, the zoning ordinance chapter on the process for adopting
a PUD was extensively amended. One of the changes allowed for a placeholder PUD. The
placeholder PUD was intended to allow a developer to gain some certainty in planning for
development of a property by having it annexed and given the basic zoning parameters prior
to making investments in design. It was not intended to be an interim zoning designation in
the sense that development of the property would occur under an interim set of rules; rather,
it was a preliminary step in anticipation of additional planning prior to any development.
In practice, the placeholder PUD continues to evolve. In an effort to create clearer
guidelines, the proposed amendment better delineates the amount of uses and activities
allowed under a placeholder PUD. It allows a limited amount of remodeling of existing
buildings, storage, and site work, while specifically excluding new buildings, expansions of
existing buildings greater than 10%, new street accesses, or new freestanding signs.
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CHAPTER 27.20
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Sections:
27.20.020 Accessory Uses
27.20.025 Airport Affected Area
27.20.030 Exceptions to Height Regulations
27.20.025: Airport Affected Area. The Kalispell City Airport Affected Area Ordinance, as
it presently is written and as it may be amended in the future, is hereby
incorporated by reference into the Kalispell Zoning Ordinance.
27.20.030: Exceptions to Height Regulations.
(1) The height limitations contained in any district regulations do not apply to
spires, belfries, cupolas, chimneys, water tanks, ventilators, elevator housing,
grain elevators, or other agriculture buildings, telecommunication towers and
cellular communication towers and facilities, unless otherwise prohibited bl
regulations related to the airport affected area referenced under Section
27.20.025 of this ordinance or by Federal Aviation Regulations, part 77.
Staff Comment: The airport affected area is a defined area around the city airport. It has
been in place in one form or another for decades and primarily limits heights of structures
relative to the airport runway based on distances from certain parts of the runway. Outside
of the immediate vicinity of the airport, the height limit mainly impacts cell towers and
similar structures. The current version is an FAA model ordinance that was adopted about
eight years ago. It was adopted as a separate ordinance that has been administered by the
Airport Manager. Several months ago, the management structure of the airport changed.
This amendment would incorporate the Airport Affected Area Ordinance by reference into
the zoning ordinance, allowing it to be administered through the Planning Office. It does
not change any of the regulations within the ordinance, although it should be noted that the
City Council will be considering adjusting it this month to reflect the result of the
referendum on the airport last fall. The adjustment would go back to an airport layout plan
that reflects the current alignment.
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Proposed Text
CAAPTER 27.20
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Sections:
27.20.080 Principal Structures
27.20.085 Recreational Vehicles In Conjunction With Residential Uses
27.20.090 Safe Houses and Domestic Violence Shelters
27.20.085 Recreational Vehicles In Coniunction With Residential Uses. On an
property used for residential purposes, temporary use of a recreational
vehicle for housing occupants of the principal structure or their guests is
allowed provided that the use is free of charge and limited to a period of one
week or less per month.
27.37.010: Definitions.
64) Fairgrounds. An area wherein buildings, structures. and land are used
for agricultural -related offices, animal shows and judging, carnivals,
circuses, community meetings, recreational uses, concerts, food booths
and stands, games, rides, rodeos, sales and auctions, and similar uses.
Public fairgrounds also may include the temporary (one week or lessl
recreational vehicle parking and camping if done in conjunction with a
sponsored event and at no charge.
(renumber accordingly
(135) Parks. A noncommercial, not -for -profit facility designed to serve the
recreation needs of the residents of the community. Such facilities include
mini parks, neighborhood parks, community parks, large urban parks,
regional parks, and special use areas, linear parks and open spaces, all as
described in the Parks and Recreation Comprehensive Master Plan. Such
facilities may also include, but shall not be limited to, ball fields, football
fields, soccer fields, and pools/spray parks if they meet the above definition.
Public parks may include temporary (one week or less) recreational
vehicle parking and camping if done in conjunction with a sponsored
event and at no charge. Commercial amusement facilities, such as water
slides, go-cart tracks, and miniature golf courses and passive open spaces
shall not be considered parks. (See also: Homeowner's Park)
Staff Comment: Particularly in the summer, the temporary use of RVs is very common
throughout the city. People have out-of-town guests who may stay in an RV in the
driveway or the yard while they are in town, and there is typically little or no impact on the
neighborhood. With or without a text amendment, such short-term stays happen. The
larger problem occurs when a property owner rents out part of their yard or their RV to a
tenant for a longer -term stay. That type of use has a much greater impact on the
neighborhood. This amendment would provide staff with a more explicit rule when
responding to neighborhood complaints about RVs. Similarly, both Kidsports and the
fairgrounds frequently have RV parking in conjunction with tournaments and the fair. This
amendment would allow that to continue to be managed appropriately while providing
better guidance to both the Parks Department and the fairgrounds.
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Proposed Text
CHAPTER 27.20
27.20.120: Site Plan Review. The purpose of this section is to establish site design criteria and
review procedures to promote the general health and welfare by encouraging
attention to site planning and giving regard to the natural environment, creative
project design, and the character of the neighborhood or area.
(3) Major Site Plan Approval. Commercial, industrial, and multi -family
developments and remodeling of existing structures when a change of use or
structural expansion would result shall be subject to the following application
and review procedures:
(d) Power to Amend Plans. When approving an application for a site
design and use, the Site Development Review Committee will include
any or all of the following conditions, if they find it necessary to meet
the intent and purpose and the criteria for approval of this ordinance.
Any condition of approval must substantially advance a
legitimate public interest and the cost of the condition must be
roughly Proportional to the public interest served. -
I Require such modifications in the landscaping plan as will
insure proper screening, aesthetic appearance, and use of
appropriate material within the right-of-way.
2. Require the retention of existing trees, rocks, water ponds, or
courses and other natural features.
3. Require the retention and restoration of existing historically
significant structures on the project site.
4. Require the modification or revision of the design or
remodeling of structures, signs, accessory buildings, etc. to be
consistent with all city codes, ordinances, policies and
guidelines.
5. Require on -site fire protection during the construction phase
of a project.
6. Require placing all utilities underground.
7. Require new developments to provide limited controlled
access onto a public street by means of traffic signals, traffic
controls and turning islands, landscaping, or any other means
necessary to insure the viability, safety, and integrity of the
public street as a true corridor. In some cases, the city may
require the developer to provide off -site improvements and
right-of-way consideration, including but not limited to water,
sanitary sewer, storm drainage, street improvements,
pedestrian ways, lighting and signalization. The city may
require the developer to also furnish the city with appropriate
engineering studies regarding the various impacts that the
development might have on the city's public facilities as per
the City's standards for design and construction.
8. Require on -site pedestrian access and connectivity to adjacent
facilities, separate pedestrian access ways, and sidewalks/bike
paths.
Staff Comment: Over the past 20 years, there have been several cases which have
developed from two important US Supreme Court decisions: Nollan v. California Coastal
Commission, 483 U.S. 825 (1987); and Dolan v. City of Tigard, 512 U.S. 374 (1994). In
general, that string of cases requires that conditions of approval must substantially advance
a legitimate public interest and the cost of the condition must be roughly proportional to the
public interest served. While adding the language doesn't really change anything about the
standard that the city is held to, staff felt that it might be better to include it as a more
transparent standard within the ordinance itself. Including it would better serve the site
review committee as it considers conditions to be placed on projects under review.
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Proposed Text
CAAPTER 27.34
ADDITIONAL REQUIREMENTS FOR SPECIFIC CONDITIONAL USES
27.34.010: Animal Hospitals, Pounds, Kennels, Animal Shelters, and Veterinary Clinics
(1) Household animals (specifically dogs and cats) boarded overnight should be
kept in climate -controlled, sound -proofed buildings. Where f4eilities afe not
sound proofed, no paffially of fully enelesed stfuettir-e of feneed open area
(funs, pens, ete.) used te eafifine aftimals shall be elesef than 100 feet to aft
adjaeent pfoper-ty line.
(2) Household animal excreta shall be removed from the site daily or as
otherwise necessary to avoid the spread of objectionable odors, insects, pests,
and objectionable surface drainage.
(3) No partially or fully enclosed structure or fenced open area (runs, pens,
etc.) used to confine animals shall be closer than 100 feet to any property
line.
Staff Comment: The manner in which the current section is laid out can create confusion
because two separate thoughts are set forth under a single subsection. This amendment
separates the two standards for clarity.
where any dwellings have their primary access to a common hallway or
corridor or directly to the outside (see also: Residential).
(58) Dwelling, Single -Family. A building designed with living quarters for
occupancy by one household only, and containing one dwelling unit on a lot
(see also: Residential).
(59) Dwelling, Townhouse. Ownership of a parcel of land with an attached
single-family dwelling unit that is connected with one or more similar
dwelling units but separated from the other similar dwelling unit(s) by a
common party wall having no doors, windows or other provisions for human
passage or visibility. In order to be considered a townhouse as opposed to
another dwelling type, such as a duplex or multi -family dwellings, each of the
attached dwelling units must have (a) independent water and sewer service
lines and metering pursuant to the applicable plumbing code and any other
city regulations; and (b) a two hour fire wall separating the unit from any
adjoining units (see also: Residential).
(60) Dwelling Unit. One or more rooms designed for or occupied by one
household for living or sleeping purposes and containing kitchen and
bathroom facilities for use solely by one household. All rooms comprising a
dwelling unit shall have access through an interior door to other parts of the
dwelling unit (see also: Residential).
(157) Residential. Regularly used by its occupants as a permanent place of abode,
which is made one's home as opposed to one's place of business and which
has housekeeping and cooking facilities for its occupants only. In situations
where a dwelling is rented or leased, a residential use would involve lease
periods of one month or more.
Staff Comment: The definition of residential as a general use includes several standards
that are not directly reflected in the definitions of dwelling types such as "Dwelling,
Single -Family." This amendment simply adds cross-references in order to better show
the connection between the definitions.