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Ordinance 1658 - Zone Change - Northwest Montana Transition Center - 1st ReadingREPORT TO: Kalispell Mayor and City Council FROM: Tom Jentz, Director Myrt Webb, Interim City Manager SUBJECT R. Dick Mitsch - Zone change from B-2, General Business to P-1, Public MEETING DATE: April 6, 2009 BACKGROUND: The Kalispell City Planning Board met on March 10, 2009 and held a public hearing to consider a request by R. Dick Mitsch for a zone change from B-2 to P-1 for 2 adjacent tracts of land containing 1.78 acres. The properties lie on the west side of Highway 93 South in Kalispell just south of the Kelly Road intersection. The property address is 2282 Highway 93 South (between Jackola Engineering and PENCO Power Products). The property abuts the city airport and is more particularly described as Tract A of COS 15749 and COS 6682 in Section 20, Township 28N, Range 21W, P.M.M. Flathead County, Montana. Tom Jentz, of the Kalispell Planning Department, presented staff report #KZC-09-03 providing details of the proposal and the evaluation. He noted that the proposed P-1 zoning district was compatible with surrounding land uses, that the site abutted a significant amount of P-1 zoning, the previous uses of the property was a state office building and the site abutted the public use designation of the growth policy. Staff recommended the board consider approving the zone change based on this and other facts determined in the findings of fact report. Prior to the hearing 10 letters of opposition were received opposing both the zone change to P-1 and the ultimate approval of a pre-release center on the site. At the hearing, 5 people spoke in opposition and a petition signed by 146 individuals opposing the zone change and conditional use permit request for a pre-release center on the site was submitted to the planning board. It was noted that the petition contained names both of the adjoining property owners as well as general residents of the Flathead Valley. The applicants and three individuals spoke in favor of the zone change to P-1. The primary issues of concern appeared to be a concern for safety, a concern that the use would devalue adjoining properties and that this use would set a negative tone for the future investment and development of the area. The board debated the issue at great length. Ultimately, the planning board recommended by unanimous vote that the council consider approving the requested zone change of P-1 for the property. S I 1 1 • • FISCAL EFFECTS: ALTERNATIVES: Respectfully submitted, Tom Jentz Director A motion to approve the zone change request would be in order. Minor positive impacts once developed. As suggested by the city council. Myrtebb Interim City Manager AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY OF KALISPELL ZONING ORDINANCE, (ORDINANCE NO.1460), BY ZONING CERTAIN REAL PROPERTY MORE PARTICULARLY DESCRIBED AS TRACT A OF COS 15749 AND COS 6682 LOCATED IN SECTION 20, TOWNSHIP 28 NORTH, RANGE 21 WEST, FLATHEAD COUNTY, MONTANA (PREVIOUSLY ZONED CITY B-2 (GENERAL BUSINESS)) TO CITY P-1 (PUBLIC) IN ACCORDANCE WITH THE KALISPELL GROWTH POLICY 2020, AND TO PROVIDE AN EFFECTIVE DATE. WHEREAS, R. Dick Mitsch, the owner of the property described above, petitioned the City of Kalispell that the zoning classification attached to the above described tract of land be zoned P-1, Public, on approximately 1.78 acres of land, and WHEREAS, the property is located on the west side of Highway 93 South, just south of the intersection with Kelly Road, and WHEREAR the nPtitinn of R DiA- Mitc-h xxinc tht cnhiart of n rnr,nrt rnmrxilr rl by tha Th];.—.11 -------'--..,, ...�.. t.., ..�..�.,.. ..i ice. a.i ..... .. ii...,...a .. ..•.� ..a... .�a..v �.... a. vi a.. ivrva� a.valarii�.0 t>y Llla X�UIXOF%'Ix Planning Department, Staff Report #KZC-09-3, in which the Kalispell Planning Department evaluated the petition and recommended that the property as described above be zoned P-1, Public, and WHEREAS, the Kalispell City Planning Board held a Public Hearing on the matter on March 10, 2009, and recommended that the zoning be City P-1, Public, and WHEREAS, after considering all the evidence submitted on the proposal to zone the property as described P-1, Public, the City Council finds such zoning to be consistent with the Kalispell Growth Policy 2020 and adopts, based upon the criterion set forth in Section 76-3-608, M.C.A., and State, Etc. v. Board of County Commissioners, Etc. 590 P2d 602, the findings of fact of KPD as set forth in Staff Report No. KZC-09-3. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, AS FOLLOWS: SECTION I. Section 27.02.010, of the Official Zoning Map of the Kalispell Zoning Ordinance, (Ordinance No. 1460) is hereby amended by designating the property described above as P-1, Public on approximately 1.78 acres of land. SECTION II. The balance of Section 27.02.010, Official Zoning Map, City of Kalispell Zoning Ordinance not amended hereby shall remain in full force and effect. SECTION III. This Ordinance shall take effect from and after 30 days of its passage by the City Council. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL, MONTANA, THIS 20TH DAY OF APRIL, 2009. Pamela B. Kennedy Mayor ATTEST: Theresa White City Clerk kNNING FUR THE FUTURE MUWANA L March 24, 2009 Myrt Webb, Interim City Manager City of Kalispell P.O. Box 1997 Kalispell, MT 59903 Planning Department 201 1" Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kalispell.com/planning Re: R. Dick Mitsch - Zone change from B-2, General Business to P-1, Public zoning district Dear Myrt: The Kalispell City Planning Board met on March 10, 2009 and held a public hearing to consider a request for a zone change from B-2 to P-1 for 2 adjacent tracts of land nnntainina 1 7R arrec The nrnnertiec lie nn the wPet cirle of Hiarhumu QR Rmith ill Kalispell just south of the Kelly Road intersection. The property address is 2282 Highway 93 South (between Jackola Engineering and PENCO Power Products). The property abuts the city airport and is more particularly described as Tract A of COS 15749 and COS 6682 in Section 20, Township 28N, Range 21W, P.M.M. Flathead County, Montana. Tom Jentz, of the Kalispell Planning Department, presented staff report #KZC-09-03 providing details of the proposal and the evaluation. He noted that the proposed P-1 zoning district was compatible with surrounding land uses, that the site abutted a significant amount of P-1 zoning, the previous uses of the property was a state office building and the site abutted the public use designation of the growth policy. Staff recommended the board consider approving the zone change based on this and other facts determined in the findings of fact report. Prior to the hearing 10 letters of opposition were received opposing both the zone change to P-1 and the ultimate approval of a pre-release center on the site. At the hearing, 5 people spoke in opposition and a petition signed by 146 individuals opposing the zone change and conditional use permit request for a pre-release center on the site was submitted to the planning board. It was noted that the petition contained names both of the adjoining property owners as well as general residents of the Flathead Valley. The applicants and three individuals spoke in favor of the zone change to P-1. The primary issues of concern appeared to be a concern for safety, a concern that the use would devalue adjoining properties and that this use would set a negative tone for the future investment and development of the area. The board debated the issue at great length. Ultimately, the planning board recommended by unanimous vote that the council consider approving the requested zone change of P-1 for the property. Please schedule this matter for the April 6, 2009 regular city council meeting. You may contact this board or Tom Jentz at the Kalispell Planning Department if you have any questions regarding this matter. Sincerely, Kalispell City Planning Board Bryan H. Schutt President Attachments: Staff report #KZC-09-03 and application materials Minutes of the 3/ 10/09 planning board meeting c w/ Att: Theresa White, Kalispell City Clerk c w/o Att: Rory Young Jackola Engineering and Architecture 2250 Highway 93 South Kalisnell_ Montana 5A901 Mike Thatcher Community Counseling and Correctional Services 471 East Mercury Butte, MT 59701 R. Dick Mitsch P.O. Box 1273 225 Rosewood Drive Columbia Falls, MT 59912 NORTHWEST MONTANA TRANSITION CENTER REQUEST FOR ZONE CHANGE FROM B-2 to P-1 STAFF REPORT #KZC-09-03 KALISPELL PLANNING DEPARTMENT FEBRUARY 23, 2009 This is a report to the Kalispell City Planning Board and the Kalispell City Council regarding a zone change for two lots from B-2 to P-1. A public hearing has been scheduled before the Kalispell City Planning Board on March 10, 2009 beginning at 7:00 PM, to consider the zone change request. The Planning Board will forward a recommendation to the Kalispell City Council for consideration. BACKGROUND INFORMATION: The owner is proposing to amend the Official Kalispell Zoning Map on two lots from the existing B-2 General Business to P-1 Public, a zone intended to accommodate a wide array of public uses. This report evaluates the zone change request in accordance with Section 27.30.020 of the Kalispell Zoning Ordinance. A. Petitioner and Owner: R. Dick Mitsch P.O. Box 1273 225 Rosewood Drive Columbia Falls, Montana 59912 (406) 892-7922 Contract Purchaser: Community Counseling and Correctional Services 471 East Mercury Butte, MT 59701 B. Location, Size and Legal Description of Property: The applicants are requesting the zone change for 2 adjacent tracts of land containing 1.78 acres. The properties he on the west side of Highway 93 South in Kalispell just south of the Kelly Road intersection. The property address is 2282 Highway 93 South (between Jackola Engineering and PENCO Power Products). The property abuts the city airport and is more particularly described as Tract A of COS 15749 and COS 6682 in Section 20, Township 28N, Range 21W, P.M.M. Flathead County Montana. C. Existing Zoning: The property is within city limits and is currently zoned B-2 General Business. The intent of the B-2 zoning district is to provide for a wide array of retail sales, services and business whose operations are typically characterized by outdoor display, storage and sale of merchandise. The minimum lot size is 7,000 square feet and maximum building height is set at 40 feet with up to 60 feet by conditional use permit. D. Proposed Zoning: City P-1 Public is proposed for the property. This district is intended to provide and reserve areas for public uses including public buildings, schools, parks, airports and governmental buildings. The minimum lot size is 7,000 square feet and maximum building height is set at 40 feet with up to 60 feet by conditional use permit. E. Existing Land Use: Currently the properties contain a vacant 12,750 square foot single story office building formally housing the State Health and Human Services Building. The site also contains parking for 26 vehicles. East side of site facing frontage road and Highway 93 South North side of office building on site 2 F. Adjacent Land Uses and Zoning: The area surrounding the subject property includes a variety of commercial, office and public land uses. To the north lies Jackola Engineering as well as a restaurant and furniture store. To the south lies PENCO Power Products which sells recreational vehicles. To the west behind a portion of the site lies a storage building for PENCO and then the city airport. To the east of the site lies Highway 93 South and retail uses such as, Kalispell Marine boat sales and Captain's Marine boat sales. North: Professional office, restaurant, B-2 zoning East: Kalispell Marine boat sales, County B-2 zoning South: Recreational vehicle sales, B-2 zoning West: City Airport, P-1 zoning G. General Land Use Character: The character along Highway 93 South is a general commercial entrance to the City of Kalispell typified by large lot commercial sales, office uses, and restaurants and hotels to serve the existing and traveling public. Architecture and signage is improving with the influx of several new buildings. The dominant public feature along the west side is the Kalispell City Airport. Highway 93 South serves as a major arterial and both defines and severs the neighborhood. H. Availability of Public Services and Extension of Services: All public services are located in the Highway 93 South R/ W and available to this site. The site is currently developed and connected to all public services. EVALUATION BASED ON STATUTORY CRITERIA The statutory basis for reviewing a change in zoning is set forth by 76-2-205, M.C.A. Findings of fact for the zone change request are discussed relative to the itemized criteria described by 76-2-203, M.C.A. 1. Does the requested zone comply with the growth policy? The property is designated by the Kalispell Growth Policy 2020 as commercial (retail, offices, services, mixed uses, residential). The site is presently developed as an office that previously housed the State Health and Human Services Offices. The property abuts lands designated as Public/Quasi Public by the growth policy map. This designation anticipates schools, parks, governmental facilities and public lands and in this case encompasses the Kalispell City Airport. The property is also designated as a Gateway Entrance Corridor. The Gateway Entrance Corridor designation is intended to denote areas that emphasize a pleasing entrance to the city and that allows for a compatible mix of office, commercial and public facilities which do not create off -site impacts. The requested zone change would generally comply with and implement the growth policy both in its location and use. 3 2. Is the requested zone designed to lessen congestion in the streets? The uses allowed under the proposed P-1 zone would potentially generate the same or less traffic than would be anticipated under the existing B-2 zone. B-2 zoning is one of the more intensive traffic generating uses in the zoning ordinance. The property is currently developed as a former state office building. Office uses, whether zoned public or general commercial are not significant traffic generators. Regardless of this, the property does abut Highway 93 South a major arterial and part of the Federal Highway system. This road is designed and intended to carry the traffic from this site. In addition, this particular site is served by a frontage road which directs its traffic to a stop light at the Kelly Road intersection with Highway 93 South. This stop light will serve to moderate any traffic impacts to the larger highway system. The proposed zone would not add to congestion in the area. 3. Will the requested zone secure safety from fire, panic, and other dangers? Adequate access and public facilities are available to the site in the case of an emergency. There are no features related to the property which would compromise the safety of the public. New construction will be required to be in coni-lin— vri+lam t" 1—i'ding—f�c+cr codes of the city Bich -I-+o +^ -9 an livuarJUGLLllili wrtul ulli r✓UJ.LUltl� OGu%'Ly I.VUI.J Vl LL1V V1Ly VVIII. 11 rC.1QLG LV 111c a11U building safety. All municipal services including police and fire protection, water and sewer service are available to the property and will be utilized. 4. Will the requested zone promote the health and general welfare? The requested zoning classification will promote the health and general welfare by restricting land uses to those which would be compatible with the adjoining properties and provides a place for mixed uses in the community. 5. Will the requested zone provide for adequate light and air? Setback, height, and coverage standards for development on this site are provided for in the Kalispell Zoning Ordinance to insure adequate light & air is provided. 6. Will the requested zone prevent the overcrowding of land? As previously noted, this area is currently zoned B-2. This area has been anticipated for general commercial uses which tends to be one of the most intensive use categories in terms of demand for services, trip generation, etc. The site is fully serviced by water, sewer, storm water services and police and fire services of the city. An overcrowding of land would occur if infrastructure were inadequate to accommodate the development in the area. This is not the case. The change to P-1 will for practical purposes be equal or less intensive in terms of general impacts on public services which ultimately results in an overcrowding of the land. The site contains an office building which was constructed under the terms of the B-2 zoning. The P-1 zoning would allow the building to continue to function as an office building. Any conversion would be required to come under the terms of the P-1 zone if adopted. 7. Will the requested zone avoid undue concentration of people? Minimum lot standards and use standards will avoid the undue concentration of people at the time the property is further developed. 8. Will the requested zone facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements? All public services and facilities are currently available to the property. The site abuts Highway 93 South, a major arterial highway. A frontage road provides access to Highway 93 South via a light controlled intersection. Development should be encouraged in areas where these services are available. P-1 uses will benefit from the presence of all public services and the immediate access to the transportation system. 9. Does the requested zone give consideration to the particular suitability of the property for particular uses? The proposed P-1 zoning district is consistent with the existing and anticipated lanrl use-, in the area and orive-, rlrle enncirleratinn of the Cllltn'kility of the properties for the permitted uses in the district. There are no limitations on the two lots with both sites being level. New construction would be required to be architecturally harmonious with adjacent structures and all zoning regulations, building codes and fire codes need to be complied with. 10. Does the requested zone give reasonable consideration to the character of the district? The general character of the area to the north and south is urban sized lots with commercial and professional office development. No residential areas are nearby. The site itself is developed as a former state office building. However, these lots have been increasingly used for commercial or office development. The same type of development can be anticipated to occur on the properties included in the zone change request and will be consistent with the character of the district. 11. Will the proposed zone conserve the value of buildings? Value of the buildings in the area will be conserved because the P-1 zoning will allow the existing office building to remain as a permitted use. Any new construction will be required to be architecturally harmonious with the existing architecture and meet the architectural guidelines for the city in light of its location in an entrance corridor. 12. Will the requested zone encourage the most appropriate use of the land throughout the municipality? The proposed P-1 zone is an expansion of the existing P-1 zone to the west. The P-1 zone allows for a variety of uses including the professional office use which complies with the existing development for the site. In addition, the P-1 zone 5 allows for a series of compatible uses along the entrance to our city next to the city airport. RECOMMENDATION: Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt the findings in Staff Report #KZC-09-03 and recommend to the Kalispell City Council that the initial zoning for this property be changed to P-1 Public. 6 Planning Department 201 1st Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kalispeU.com/planning PETITION FOR ZONING MAP AMENDMENT NAME OF APPLICANT: JACKOLA ENGINEERING & ARCHITECTURE MAIL ADDRESS: 2250 HWY 93 S CITY/STATE/ZIP: KALISPELL, MT, 59901 PHONE: 755 3208 INTEREST IN PROPERTY. REPRESENTING FUTURE OWNERS PLEASE COMPLETE THE FOLLOWING: A. Address of the property: 2282 HWY 93 S B. Legal Description: (Subdivision Name, Lot & Block and/or Tract Number (Section, Township, Range) Wl/2 SEC. 20 T28N R21W PARCEL A PER COS 15749 & !VWl/4 SEC.20 i28N R21W TRACT A PER COS 6682 (Attach sheet for metes and bounds) (ATTACHED) C. Land in zone change (ac) 1.41 + 0.372 = 1.782 Ac D. The present zoning of the above property is: B - 2 E. The proposed zoning of the above property is: P - 1 F. State the changed or changing conditions that make the proposed amendment necessary: The Montana Department of Corrections has approved a 40 bed pre-release center for the Kalispell area. Such uses are only anticipated to occur within the P-1 zoning district. There is no vacant P-1 zoning in the city. This particular site borders an existing P-1 zone and meets all the criteria that the Kalispell area pre-release site selection committee proposed for siting of such a facility. HOW WILL THE PROPOSED CHANGE ACCOMPLISH THE INTENT AND PURPOSE OF: A. Promoting the Growth Policy This zone change supports the growth policy by allowing minor offenders and returning rehabilitated offenders to easily assimilate back into the community, thereby promoting the growth of the City of Kalispell B. Lessening congestion in the streets and providing safe access Offenders are not permitted personal vehicles during their stay. They would be transported by bus to their place of work, thereby reducing congestion and providing safe access. The site abuts HWY 93 i and has an approved access. This major arterial is designed and intended to carry traffic and can accommodate the needs of this site. C. Promoting safety from fire, panic and other dangers The re -model of the existing structure will bring the building in line with the latest safety and fire codes. D. Promoting the public interest, health, comfort, convenience, safety and general welfare By providing an opportunity for short term offenders and rehabilitated offenders to smoothly re -integrate into society the general welfare of the public will be promoted. E. Preventing the overcrowding of land By using an existing commercial facility to house offenders the overcrowding of the existing County and City facilities will be alleviated. F. Avoiding undue concentration of population The housing of 40 offenders and staff will not be an undue concentration of population. This site is fully served by municipal services including sewer, water, fire and police. The site contains adequate open space and room for additional building expansion and required parking as provided for under the zoning ordinance. All existing and new construction will be required to comply with current building and sa ety codes. G. Facilitating the adequate provision of transportation, water, sewage, schools, parks and other public facilities The facility will play a vital role in the provision of community services and all utilities to meet the city ordinances will be provided. ►a H. Giving reasonable consideration to the character of the district The current zoning is B-2 Commercial. Given that the outside of the building will not be significantly changed the character of the neighborhood will remain unchanged. I. Giving consideration to the peculiar suitability of the property for particular uses This property is particularly suited to the proposed use given that it is buffered by the airport behind and the highway in front. There are no residences within 1/4 mile of the facilitv. J. Protecting and conserving the value of buildings The building facade is unlikely to change significantly and the value of buildings would therefore remain unchanged. K. Encouraging the most appropriate use of land by assuring orderly growth This is a highly appropriate use of the land which will allow rehabilitated offenders to participate in the orderly growth of the citv. The signing of this signifies approval for Kalispell Planning staff to be present on the property fo r tine onitoring and inspection during approval process. (Applic i ure) (Date) 3 R Dick Mitsch PO Box 1273 Columbia Falls, MT 59912 City of Kalispell Planning Department 201 1" Avenue East Kalispell, MT 59901 Re: 2282 HWY 93 S, Kalispell, MT As owner of the above mentioned address I give permission to Jackola Engineering and Architecture to represent me in applying for a Zone Change and Conditional Use Permit for the two lots which make up this address. The Zone Change and Conditional Use Permit would be subject to the lots being purchased by Community, Counseling and Correctional Services, Inc of Butte, MT. Should you have any queries please contact me at the above address. n_:att_n__ i vu16 Taiuuuiiy R Dick Mitsch. cc. Mike Thatcher - Rory Young - CCCS Corp Jackola Engineering & Architecture.