3. Ordinance 1744 - Zoning Text Amendments - Various - 3rd Reading1-17
REPORT TO: Doug Russell, City Manager
FROM: Torn Jentz, Kalispell Planning Dept
SUBJECT KZTA14-02 — Zoning Text Amendment — General Updates
MEETING DATE: October 6, 2014 (Third 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. During the September 15, 2014, Council meeting on second
reading, two amendments to separate sections were made.
The first amendment would modify the definition of Fairground (27.37.010) by removing any language
that limits temporary RV parking on fairgrounds property to only one week and any reference that
requires the RV parking to be free.
The second amendment would address an editorial mistake by making rail industrial parks a permitted
use in the I-2 zone instead of the 1-1 industrial zone. This was accomplished by taking any reference to
Section 27.16 and changing it to Section 27.17 and changing any reference to I-1 to I-2.
The Council approved the two sets of amendments at its meeting of September 15 on a 7-0 vote. The
attached Exhibit contains the complete list of proposed amendments for your consideration.
RECOMMENDATION: A motion to approve the requested amendments on third reading.
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,
Tom Jentz
Kalispell Planning Dept
Attachment: Exhibit A
Report compiled: September 17, 2014
c: Theresa White, Kalispell City Clerk
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DECLARING AN EFFECTIVE DATE AND AUTHORIZING THE CITY ATTORNEY TO
CODIFY THE SAME.
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
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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ATTEST:
Theresa White
City Clerk
Mark Johnson
Mayor
EXHIBIT A
[Includes redline of Second Reading Amendments]
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Proposed Text
Sections:
27J7.020: Permitted Uses.
(38) Rail Industrial Park
(Renumber accordingly; add to Appendix B-Table of Uses Allowed By Zone)
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)
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Proposed Text
CHAPTER 27.19
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 selves
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 commitment between the city and the
applicant that when development is to proceed it will be done via the
PUD process.
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 of 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 pen -nit 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.
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Proposed Text
CHAPTER 27.20
SUPPLEMENTARY REGULATIONS
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 by
regulations related to the airport affected area referenced under Section
27.20.025 of this ordinance or by Federal Aviation Regulations, part 77.
Proposed Text
CHAPTER 27.20
SUPPLEMENTARY REGULATIONS
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 Conjunction With Residential Uses. On any property
used for residential purposes, temporary use of a recreational vehicle for housing
C,
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.
CHAPTER 27.37
DEFINITIONS
Sections:
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 (ene week of less) recreational vehicle
parking and camping if done in conjunction with a sponsored event. mane
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eha-fge.
(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)
DI WIN V 10a DO V:
Proposed Text
CUAPTER 27.20
IW-MR1
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.-
1Require 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.
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Proposed Text
CHAPTER 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.
(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.
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Proposed Text
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27.37.010: Derinitions.
(55) Dwelling. A building used for human residential purposes (see also:
Residential).
(56) Dwelling, Duplex. A building designed as two structurally joined dwelling
units and occupied exclusively by one family per dwelling unit living
independently of each other, and with separate entrances. "Structurally
joined" means a substantial structural connection with a roof and other
features. "Structurally joined" shall not include such improvements as decks,
patios, architectural embellishments, below -grade connections, or other
connections not involving a substantial roof connection.
(Figure 16) (see also: Residential)
Figure 16: Dwelling, Duplex
uupiex unit i uupiex unit z
L — — — — — — — — — property line — — — — — — — — — - J
(57) Dwelling, Multi -Family. A building or buildings attached to each other and
containing three or more dwelling units. The term "multi -family dwelling" is
intended to apply to such dwelling types as triplex, fourplex, or apartments
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.