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E2. Ordinance 1763 - Kalispell Center Mall Text AmendmentPlanning Department 201 V Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kalispell.com/planning REPORT TO: Doug Russell, City Manager FROM: Jarod Nygren, Senior Planner SUBJECT: KZTA 15-02 — Kalispell Center Mall Text Amendment MEETING DATE: November 2, 2015 BACKGROUND: WSPGB Mall, LLC is requesting permission for a text amendment to Section 27.24.040(6) b.3, of the Kalispell Zoning Ordinance. The proposed text amendment would remove subsection "a" and modify subsection "b" within the Special Parking Management Maintenance District No. 2. The zoning text amendment would effectively allow all properties north of Center Street, within Special Parking Management Maintenance District No.2, to have one parking space for every 400 square feet of gross floor area, rather than one parking space for every 250 square feet of gross floor area. The only properties affected by the text amendment are the properties within Special Parking Management Maintenance District No. 2, north of Center Street. The Kalispell Planning Board held a duly noticed public hearing October 13, 2015, to consider the application request. Staff presented staff report KZTA-15-02 providing details of the proposal and evaluation. Staff recommended that the Planning Board adopt the staff report as findings of fact and recommend the City Council approve the proposed text amendment. There being no public comment, the public hearing was closed and a motion was presented to adopt staff report KZTA-15-02 as findings of fact, and recommend to the Kalispell City Council that the text amendment be approved. Board discussion concluded that the text amendment was appropriate, and the motion passed 6 in favor and 0 opposed, on roll call vote. RECOMMENDATION: It is recommended that the City Council approve Ordinance 1763 on first reading, thus approving text amendment KZTA-15-02. FISCAL EFFECTS: No effects are anticipated. ALTERNATIVES: Deny the request. ATTACHMENTS: Staff Report Minutes of the October 13, 2015, Kalispell Planning Board Application Materials Ordinance 1763, Zoning Text Amendment c: Aimee Brunckhorst, Kalispell City Clerk CITY OF KALISPELL — ZONING REGULATIONS KALISPELL PLANNING DEPARTMENT STAFF REPORT #KZTA-15-02 September 22, 2015 This is a report to the Kalispell City Planning Board and the Kalispell City Council regarding a request for a text amendment to Section 27.24.040(6) b.3 of the Kalispell Zoning Ordinance. The zoning text amendment would effectively allow all properties north of Center Street within the Special Parking Management Maintenance District No.2 to have one parking space for every 400 square feet of gross floor area, rather than one parking space for every 250 square feet of gross floor area. The only properties affected by the text amendment are the properties within Special Parking Management Maintenance District No. 2, north of Center Street. A public hearing has been scheduled before the Planning Board for October 13, 2015, beginning at 7:00 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: WSPGB Mall, LLC — Eric Peterson 20 N. Main Street Suite 152 Kalispell, MT 59901 B. Area Affected by the Proposed Changes: All properties north of Center Street that are within the Special Parking Management Maintenance District No. 2. 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. (b) Special Parking Maintenance District No. 2. 1. No additional off-street parking is required for a change of use within this district. 2. Off-street parking for uses listed in Parking District No. 1 and potential reductions thereof shall also apply to this district. 3. New construction and additions to existing buildings shall provide the following off-street parking spaces (in no case shall more parking be required than is otherwise provided for under this chapter): afea a.b. Seu+ of Gentef Stfeet Oene parking space for every 400 square feet of gross floor area D. Staff Discussion: WSPGB, LLC is requesting a text amendment to Section 27.24.040(6) b.3 of the Kalispell Zoning Ordinance. The amendment would address parking standards for the Kalispell Center Mall that are too excessive for their needs. The proposed text amendment would remove subsection "a" and modify subsection "b" within the Special Parking Management Maintenance District No. 2. The text amendment would effectively reduce the off-street parking design standards for the Kalispell Center Mall to one parking space for every 400 square feet of gross floor area, rather than one parking space for every 250 square feet of gross floor area. The area in question is shown in the attached Exhibit A below: [:Mlil7ml W � F11(3HWAY 2— W Q O p 2 = W YOMTANA ST IIONTAN111 ST�_ z W t H �I 1AARKEr PLACE S`T E RA$RGAb Si — � v E CENTER Si LIST ST E 1H1' i 2Afn sr £ �M.ST.W $RD ST.Er _ W WWW ��Wyy t i Q I S Q 1 i � W C fY t4irm sr w � 4TK ST.E N LL�I�L I�JC.m,.II�C Proposed Text Amendment Area The intent of the off-street parking design standards section is to "reduce traffic congestion and the need for parking on public streets and to provide off-street parking adequate for each type of development in terms of quantity, location and design. This chapter is also intended to help avoid the negative impacts associated with excess off-street parking requirements in the downtown and in adjacent neighborhoods". The mall was historically given one space per 250 square feet of gross floor area parking requirement due to its retail land use. The retail parking requirement for the mall has created a situation where there are large amounts of parking spaces not being used appropriately. The mall's entire west end is comprised of a surface parking lot that would be better suited for infill development. The current parking requirement of the mall is not conducive to an urban environment associated with downtown Kalispell and the Core Area Plan. Parking requirements for the downtown area of Kalispell have been relaxed to promote an urban environment where infill development was the priority over surface parking lots. This was in an effort to avoid the negative impacts associated with excess off-street parking requirements. Excessive surface parking requirements create large surface parking lots, which discourages pedestrian activity. Additionally, surface parking lots use valuable space that can be better used for new development. The Kalispell Center Mall is an extension of the downtown area and the heart of the Core Area Plan. The Core Area Plan is intended to be a vibrant and lively continuation of historic downtown Kalispell. The Core Area Plan policies call for significantly reducing off-street parking requirements in order to help facilitate redevelopment. Reducing the parking requirement for the mall to one space per 400 square feet of gross floor area will allow for the infifl development of unused parking spaces. Infifl development of the unused surface parking lots will be a major step in creating the built environment the Core Area Plan envisions. EVALUATION BASED ON STATUTORY CRITERIA This report evaluates the amendment request in accordance with state and local regulations. The statutory basis for reviewing a change in zoning is set forth by Section 27.29.020 of the Kalispell Zoning Ordinance and 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. 1. Is the zoning regulation made in accordance with the growth The proposal is consistent with the goals and policies of the growth policy. The growth policy encourages development and redevelopment in the target development areas (Core Area). The growth policy also states that special parking considerations be given by encouraging innovative parking management techniques. 2. Does the zoning regulation consider the effect on motorized and nonmotorized transportation systems? It can be assumed that reducing the off-street parking requirement may put additional traffic on the streets. Reality is that the amendment would have a minimal effect on transportation systems since this amendment is bringing the parking requirement in line with the demand. It is not anticipated that the reduced parking requirement will put additional traffic onto the surrounding streets because there are currently large amounts of parking spaces not being used at the mall. Additionally, 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 designedpromote 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 property is developed or remodeled. 5. Does the zoning regulation consider the reasonable provision of adequate light and air? Light and air between and surrounding buildings would not be altered or impacted by the proposed change. These issues would be addressed through the development standards of the zoning district which regulates lot size, setbacks, building height and the types of uses allowed. 6. Is the zoning regulation designed to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements? The proposed amendment would have minimal impact on those services. Any development or redevelopment is reviewed by the city's site review committee to ensure any impacts to the public infrastructure are adequately addressed. 7. Does the zoning_ regulation consider the character of the district and its peculiar suitability for particular uses? The Kalispell Center Mall is an extension of the downtown area and the heart of the Core Area Plan. The Core Area Plan is intended to be a vibrant and lively continuation of historic downtown Kalispell. The Core Area Plan policies call for significantly reducing off-street parking requirements in order to help facilitate redevelopment. Reducing the parking requirement for the mall to one space per 400 square feet of gross floor area will allow for the infill development of unused parking spaces. Infill development of the unused surface parking lots will be a major step in creating the built environment the Core Area Plan envisions. 8. Does the zoning regulation consider conserving the value of buildings? The value of buildings will be conserved by encouraging compatible uses in these districts and implementing all the applicable standards that apply to new construction. The proposed amendment will not be detrimental to conserving the value of buildings. 9. Does the zoning regulation encourage the most appropriate use of land throughout the municipality? The most appropriate land uses throughout the jurisdiction are promoted by encouraging complementary and compatible uses which promote the general well-being of all citizens of the community. The proposed amendment encourages the appropriate use of land by allowing for the infill development of surface parking lots. The current parking requirement of the mall is not conducive to an urban environment associated with downtown Kalispell and the Core Area Plan. No other properties within the municipality would be affected by this amendment. RECOMMENDATION Staff recommends that the Kalispell City Planning Board adopt the findings in staff report KZTA- 15-02 and recommend to the Kalispell City Council that the proposed amendment be adopted as provided herein. KALISPELL CITY PLANNING BOARD & ZONING COMMISSION MINUTES OF REGULAR MEETING OCTOBER 13, 2015 CALL TO ORDER AND ROLL The regular meeting of the Kalispell City Planning Board and CALL Zoning Commission was called to order at 7:00 p.m. Board members present were: Chad Graham, Charles Pesola, Matt Regier, Steve Lorch, Karlene Osorio-Khor and Doug Kauffman. Rory Young was absent. Tom Jentz, Jarod Nygren and P.J. Sorensen represented the Kalispell Planning Department. APPROVAL OF MINUTES Osorio-Khor moved and Regier seconded a motion to approve the minutes of the September 15, 2015 meeting of the Kalispell City Planning Board and Zoning Commission. VOTE BY ACCLAMATION The motion passed unanimously on a vote by acclamation. PUBLIC COMMENT No one wished to speak. IMMANUEL LUTHERAN A request from Immanuel Lutheran Corporation, for a conditional CORPORATION — use permit for five phases of development at their senior CONDITIONAL USE PERMIT living/care facility. Construction of the five phases of development includes approximately 92,370 square feet of new construction, 68,240 square feet of renovations to existing buildings, surface parking lot expansions, relocation of water/sewer lines, new sidewalks, elevated street crossings and landscaping over the next 5 1/2 years. STAFF REPORT — KCU-15-05 Jarod Nygren, representing the Kalispell Planning Department reviewed staff report KCU-15-04 for the board. Nygren made a correction to the staff report on page 1 — Size and Location — should read "The property can be described as Lot 1 of Highland Park No 3, Lots 1 & 3 of Highland Park No 4, together with Lots 13 & 14 and the NW corner of Lot 12 of Block 2 of Highland Park in Section 7, Township 28 North, Range 21 West..." Nygren noted these properties are located within the Health Care Zoning District (H-1) and health care and multi -family uses as proposed are permitted within this zone provided a conditional use permit is obtained. The property is approximately 13 acres with Claremont Street that runs north and south through the middle of these properties. He reviewed the surrounding zoning, land uses and further described the 5 phases of development. Most of the new construction will be on the west side of the campus and the east side will include some smaller additions and mainly renovations. Kalispell City Planning Board Minutes of the meeting of October 13, 2015 Page I 1 Nygren said the board received a letter today from Public Works regarding the applicant's request that Claremont Street be approved with bulb -outs in three locations. The applicant wants to create a campus atmosphere with traffic calming devices so clients can cross easily. Public Works had indicated that they do not approve bulb -out primarily for maintenance reasons as they create problems with snow plowing. Public Works suggested narrowing the street and not allowing parking on Claremont instead. Nygren added the conditional use permit and all phases of development are consistent with city zoning and the growth policy. Staff recommends that the Kalispell Planning Board adopt staff report KCU-15-04 as findings of fact and recommend to the Kalispell City Council that the conditional use permit be approved subject to the 13 conditions listed in the staff report. BOARD DISCUSSION Kauffman asked for information on daily vehicle trips for the facility and Nygren said since the number of beds is being reduced elsewhere on campus the addition of the 36 units shouldn't increase the number of trips with this development. Graham asked if there would be problems with the bulb -outs in other areas in the city and Nygren said yes, there could be and they will indicated they will work closely with Public Works on this issue. There are currently bulb -outs on I" Avenues East and West that are being plowed around but they are wider streets. Jentz said they are three lanes but with the proposed design on Claremont Street there isn't a boulevard on one side so they tend to plow the snow to the center of the street and then the road grader has to maneuver around the bulb -outs. Osorio-Khor asked if the applicants feel that the bulb -outs would provide more safety, access from one building to another and the feeling of a campus and Nygren said yes. Osorio-Khor asked where is the parking for the residents and guests of the residential homes on the south side of Crestline Avenue and Nygren said in their driveways or along the street. Osorio-Khor asked if that parking will be taken away and Nygren said no, except for the possible temporary restrictions during construction. Nygren explained further. Graham said the idea may be the closer the curbs come together the less amount of time is spent on the road for residents and pedestrians to go from facility to facility. PUBLIC HEARING Don MacArthur of MacArthur, Means & Wells Architects in Kalispell City Planning Board Minutes of the meeting of October 13, 2015 Page 12 Missoula, stated he is representing Immanuel Lutheran Communities. He said they are focused on unifying the campus with landscaping and connecting the campus for pedestrians across Claremont Street. MacArthur said in the future the city has plans for a trail that runs along Highway 93 that will connect to the larger community and from the campus to the trail system to create a loop around campus. They want safe crossings and the bulb -outs shorten the distance for the pedestrians as they cross but even more important is the bulb -out signals to the drivers that it is a place where pedestrians are likely to be and they should slow down. The only condition of approval they have issues with is Condition 97 and they want to work with Public Works to ensure that the design they come up with maximizes their ease in maintaining the street but also makes sure that pedestrians have a great connection across that street. The best balance is what they have proposed in the design they submitted. Osorio-Khor asked why they are proposing the 60 foot height and MacArthur said the slope of the site is quite steep and if you start on the north side on grade to Crestline there is probably a 12-14 foot drop. With 36 apartments they needed three stories and want the level of this facility to tie into the existing Buffalo Hill Terrace building, to provide seamless integration for people who have mobility challenges. MacArthur explained further. MacArthur added they do not anticipate an interruption of the residential street parking as they have carefully identified where the staging of the construction and construction vehicle parking will be. They do not want to create any undue burdens on the neighborhood. Osorio-Khor noted the plan is a real change for this neighborhood and MacArthur said yes they are putting a big new building on the site but they are also reducing the number of beds in another part of the campus so some of the impact is also reduced. Kauffinan asked if they want to keep the parking on Claremont and MacArthur said they are anxious to keep as much parking on the site as they can. Obviously if the street were narrowed it would make the crossing the same as with the bulb -outs, but it doesn't signal the slowdown of traffic. Lorch noted at the very southwest corner of the campus when leaving the parking garage and jumping onto Crestline Avenue a lot of traffic will be directed to the "really bad" intersection - Highway 93 and Mission Drive. MacArthur said they have thought about that intersection and they may propose that this intersection Kalispell City Planning Board Minutes of the meeting of October 13, 2015 Page 13 be changed to a left -turn only or other devices to improve safety. They also want to try and direct traffic back up through the area to one of the hospital lights, which will be safer. He added there is good visibility when coming out of the parking garage, in both directions. Lorch noted since a traffic study isn't required at this point it doesn't really allow those issues to be addressed. Further discussion was held. Jason Cronk, CEO of Immanuel Lutheran Communities said to follow-up the day in the life of the community is one that they have residents on the left-hand side of Claremont who are largely independent and more mobile. The campus is designed so as the residents' age in place, and their needs become greater, a lot of their needs are met on the right-hand side of the campus. There is a steady stream of spouses and friends traveling across Claremont every day to visit with their loved ones or friends in the nursing home or in the short -stay therapy rehab facility. This is the opportunity to design a pathway that is in the residents' best interests for safety. Margaret Davis stated she is a homeowner of 160 Charlotte Avenue, the street just south of Crestline Avenue. She uses these streets and travels this area often. Davis said she is fully in support of developing the Immanuel Lutheran Home Community but not fully supportive of the traffic and pedestrian proposals in this plan. The city and the Immanuel Lutheran Home have an opportunity to plan for the future do regarding accessibility, public safety, and increasing traffic in the area. The campus theory is good, but we all know that hospital is approved for two more floors and this is becoming a rapidly urbanizing zone not a campus. She read from her prepared statement, a copy of which is attached to these minutes. Davis said because there are no possibilities for sidewalks on Mission between Charlotte and Crestline there is no place to walk so perhaps changing Mission Street to a one way should be considered. MOTION Regier moved and Lorch seconded a motion to adopt staff report KCU-15-04 as findings of fact and recommend to the Kalispell City Council that the conditional use permit be approved subject to the 13 conditions listed in the staff report. BOARD DISCUSSION Lorch said in terms of the traffic calming on Claremont he struggles to see how it makes it that much more difficult to plow snow. They still have a significant amount of the street that they can plow to the middle and the bulb -outs themselves become sidewalk so they would be managed by the tenant. It is a well proven tool that is used to provide safety for pedestrians. He Kalispell City Planning Board Minutes of the meeting of October 13, 2015 Page 14 would like to see the bulb -outs incorporated into the design. Lorch continued when driving through this area there have been times that he couldn't even find his way using Claremont Street and Burns Way. It is a wonky evolution of a transportation system and there is room for improvement. There should be a better connection to get to Highway 93 and using Mission Street, as everyone would agree, is less than ideal. Osorio-Khor said looking at the bulb -outs she immediately saw a way to provide more safety for pedestrians. She has been in the area and it is a maze and it is easy to get mixed up as to where one is going. She thinks that the bulb -outs should be allowed because they provide a continuity and integrity to the campus look that they are trying to present, provides safety for their clients and those who are driving on these streets. She added it is always good to hear from Ms. Davis as she knows her neighborhood and points out things that the board wouldn't know because they don't live there. Osorio-Khor said a traffic study should be discussed. Graham agreed the bulb -outs should be considered or perhaps a compromise between the two and suggested using seasonal parking in the area to restrict parking in the winter on one or both sides of the street to allow for snow storage. Kauffinan said he finds the bulb -outs to be a nice design element and should be kept as well. And the compromise that was suggested by Graham could be the route to go. Jentz suggested a motion could be made to remove Condition 97 and replace it with a condition that reads, "On Claremont the street design, including bulb -outs, is recommended to be approved as shown in the applicant's site plan." Regier noted Public Works states multiple times that this design doesn't meet the city standards and suggested perhaps it should read that other options should be explored. Jentz said the board is recommending the amendment and the city council will weigh in on the recommendation, based on information provided to them from the board, Public Works, and staff. Pesola asked by deleting Condition 97 and allowing the bulb -outs would the board be recommending an exception to the standards? Jentz said not necessarily. The city's transportation plan suggests certain types of techniques to calm traffic to provide pedestrian access. At the same time there is a standard that says that a street should be 28 feet wide so there is a conflict and the board needs to decide if it makes sense. Kalispell City Planning Board Minutes of the meeting of October 13, 2015 Page 15 Further discussion was held. MOTION — CONDITION #7 Lorch moved and Osorio-Khor seconded a motion to amend Condition #7 to read: "Roadway and access improvements shall comply with Kalispell Design and Construction Standards except that the proposed traffic calming bulb -outs should be allowed in order to allow for connectivity and pedestrian safety." ROLL CALL The motion passed on a roll call vote of 5 in favor and 1 opposed. BOARD DISCUSSION Osorio-Khor asked if there is something that should be done with regard to a traffic study. Jentz said the city has a requirement that when more than 300 vehicle trips are generated a traffic study is required. Nygren said that was included in the staff report where it states that if it is ever shown that this project has exceeded the 300 vehicle trips that a traffic study would be required. At this time Public Works has looked at this and with the reduction in beds, even with the increase living units, it is a wash as far as the increased vehicle trips. Jentz said there is a traffic issue near the hospital but if an applicant in front of the board isn't contributing more to the traffic impact it is questionable that you could have them try and solve the greater issue. Further discussion was held. ROLL CALL The original motion, as amended, passed unanimously on a roll call vote. KALISPELL CENTER MALL A request from WSPGB Mall, LLC for a text amendment to — PARKING TEXT remove subsection "a" and modify subsection "b" within the AMENDMENT Special Parking Management Maintenance District No. 2. The zoning text amendment would effectively allow all properties north of Center Street within Special Parking Management Maintenance District No.2 to have one parking space for every 400 square feet of gross floor area, rather than one parking space for every 250 square feet of gross floor area. The only properties affected by the text amendment are the properties within Special Parking Management Maintenance District No. 2, north of Center Street. STAFF REPORT — KZTA-15-02 Jarod Nygren, representing the Kalispell Planning Department, reviewed staff report KZTA-15-02 for the board. Nygren noted a change to the staff report on page one Section 27.12.020 it should read 27.24.040. Nygren reviewed a map of the parking district. He noted Kalispell City Planning Board Minutes of the meeting of October 13, 2015 Page 16 historically the mall would typically be allowed 1 space for every 250 square feet because of the retail nature of the property. He said the mall is an extension of downtown and the heart of the Core Area Plan. The plan calls for significantly reducing off-street parking requirements, in order to help facilitate redevelopment, and reducing the requirement for the mall to 1 space for every 400 square feet would allow for a significant amount development on the property. Staff recommends that the Kalispell Planning Board adopt staff report KZTA-15-02 as findings of fact and recommend to the Kalispell City Council that the text amendment be adopted as provided in the staff report. BOARD DISCUSSION Lorch asked for clarification, which Nygren provided. PUBLIC HEARING No one wished to speak. MOTION Kauffinan moved and Pesola seconded a motion to adopt staff report KZTA-15-02 as findings of fact and recommend to the Kalispell City Council that the text amendment be adopted as provided in the staff report. BOARD DISCUSSION None. ROLL CALL The motion passed unanimously on a roll call vote. OLD BUSINESS: Nygren reported on the work session for the casinos text amendment and noted the amendment will be scheduled for November 2, 2015. The planning board recommendation will move forward and if the council members want to make any amendments they can. Councilman Guiffrida recommended allowing casinos in B-5 zones only, as was discussed by the board. NEW BUSINESS: Nygren said the agenda for the next planning board meeting includes a review of a preliminary plat that has been submitted for a portion of the Westview Subdivision north of Three Mile Drive. This is the same location where townhouses were approved earlier this year. There was discussion regarding the connectivity issues and future development/infrastructure in the H-1 zone. ADJOURNMENT The meeting adjourned at approximately 8:35 p.m. NEXT MEETING The next regular planning board meeting is scheduled for December 8, 2015 beginning at 7:00 p.m. and located in the Kalispell City Council Chambers, 201 1st Avenue East, Kalispell. The November meeting has been cancelled. Kalispell City Planning Board Minutes of the meeting of October 13, 2015 Page 17 Chad Graham President APPROVED as submitted/corrected: / /2015 Michelle Anderson Recording Secretary Kalispell City Planning Board Minutes of the meeting of October 13, 2015 Page 18 Planning Department 201 1-t Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kalispell.com/ planning PETITION FOR ZONING TEXT AMENDMENT NAME OF APPLICANT: WSPGB MALL LLC- Eric Peterson MAILING ADDRESS: 20 N Main St. Suite 152 CITY/STATE/ZIP: Kalispell MT 59901 PHONE: 406-250-1,53g WHAT IS THE PROPOSED ZONING TEXT AMENDMENT? 27.24.040 Subsection 6, b, 3 WHAT IS THE PURPOSE OR INTENT OF THE PROPOSED TEXT AMENDMENT? The purpose is to eliminate subsection "a" within the Special Parking Maintenance District No. 2. and modify subsection "b" by eliminating the language "South of Center Street". HOW WILL THE PROPOSED CHANGE ACCOMPLISH THE INTENT AND PURPOSE OF: A. Promoting the Growth Policy This will allow for infill in unused areas of parking spaces, further bringing retail as well as bodies to our property B. Lessening congestion in the streets and providing safe access This will have minimal impact as it will still be designed according to city standards and current building codes to provide safe and adequate access. C. Promoting safety from fire, panic and other dangers This will have minimal impact as it will be designed according to city standards and current building codes to provide safe access. D. Promoting the public interest, health, comfort, convenience, safety and general welfare This will promote public interest by bringing improved space built to city and building code standards, jobs, retail shoppers, as well as activity to the core area which benefits our property as well as neighboring business. E. Preventing the overcrowding of land We will retain access under the current standards set by building and fire codes. F. Avoiding undue concentration of population We will provide arkinq in line with the qeneral standards of the area- G. Facilitating the adequate provision of transportation, water, sewage, schools, parks, and other public facilities We will use the existing adequate standards that are already in place. Development would be reviewed to make sure it will tie in. H. Giving reasonable consideration to the character of the district This ties in with the current parking standards of the district. Development will be in review by the city as well as the architectural review board. I. Giving consideration to the peculiar suitability of the property for particular uses Further retail development is expected and anticipated in the area. 2 J. Protecting and conserving the value of buildings Additional development will be built to code and go through city planning as well as the architectural review board. K. Encouraging the most appropriate use of land by assuring orderly growth Buildinq will be constructed according to current standards. P ZO (Applicant Signature) (D te) 3 ORDINANCE NO. 1763 AN ORDINANCE AMENDING THE KALISPELL ZONING ORDINANCE (ORDINANCE NO. 1677), BY AMENDING SECTION 27.24.040(6) b.3, SPECIAL PARKING MAINTENANCE DISTRICT NO. 2, AND DECLARING AN EFFECTIVE DATE. WHEREAS, W SPGB Mall, LLC, the owners of Kalispell Center Mall, have submitted a written request to amend the Kalispell Zoning Ordinance, by amending the required parking space to one space every 400 square feet of gross floor area in Special Parking Maintenance District No. 2, north of Center Street; 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 properties in Special Parking Maintenance District No. 2, north of Center Street, to have one parking space to every 400 square feet of gross floor area; 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-15-02 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 16TH DAY OF NOVEMBER, 2015. ATTEST: Aimee Brunckhorst, CMC City Clerk Mark Johnson Mayor EXHIBIT "A" 27.12.020: Permitted Uses. (b) Special Parking Maintenance District No. 2. 1. No additional off-street parking is required for a change of use within this district. 2. Off-street parking for uses listed in Parking District No. 1 and potential reductions thereof shall also apply to this district. 3. New construction and additions to existing buildings shall provide the following off-street parking spaces (in no case shall more parking be required than is otherwise provided for under this chapter): floof are a.b. Seu�h of Geitef S4ee� Oene parking space for every 400 square feet of gross floor area