H4. Ordinance 1769 - Zone Change from B-2 to B-3 - Mooses SaloonPLANNING F.:_Q&THE FUTURE
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REPORT TO: Doug Russell, City Manager
FROM: Jarod Nygren, Senior Planner
Planning Department
201 V Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.kalispell.com/planning
SUBJECT: KZC-16-01— Request for a zone change from B-2 to B-3
MEETING DATE: March 7, 2016
BACKGROUND: This is a request by the City of Kalispell Planning Department to amend the zoning map
from B-2 (General Business) to the newly created B-3 (Core Area — Business) on a rectangular area at the
southeast corner of the intersection of U.S. Hwy 93/Main Street and U.S. 2/Idaho. The rezoning of these
properties to the B-3 Zone would provide for the redevelopment of structures with a 0' setback. A 0' setback is
in line with the goals and policies of the Core Area Plan and also matches the development pattern that
currently exists on the subject properties. The area to be rezoned is bound by U.S. 2 to the north, U.S. 93 to the
west, Montana Street to the south and the alleyway to the east. The proposed zone change can be more
specifically described as the west half of Block 16, Lots 13-24 and the adjacent public right-of-ways to the
centerline of Kalispell Original Townsite, located in Section 8, Township 28N, Range 21W, P.M.M., Flathead
County, Montana.
The Kalispell Planning Board held a duly noticed public hearing February 9, 2016 to consider the zone change
request. Staff reported that the proposed B-3 Zoning was compatible with the surrounding land uses and that
the Planning Board adopt staff report KZC-16-01 as findings of fact, and recommend that the City Council
approve the zone change.
During the public comment portion of the hearing, one gentleman public spoke out in support of the proposed
zone change. He indicated that he was proposing a new business on the subject property and needed the B-3
Zoning to construct a building with 0' setbacks, which would preserve parking spaces.
After the public comment was closed, a motion was presented to adopt staff report KZC-16-01 as findings of
fact and recommend that the zoning map be changed from B-2 to B-3 on the subject property. Board discussion
concluded that the zone change from B-2 to B-3 was appropriate, and the motion passed 6 in favor and 0
opposed, on roll call vote.
RECOMMENDATION: It is recommended that the Kalispell City Council approve the first reading of the
ordinance to change the zoning of the subject property from B-2 to B-3.
FISCAL EFFECTS: There are no anticipated fiscal impacts at this time.
ALTERNATIVES: Deny the request.
Report compiled: February 29, 2016
ATTACHMENTS: February 9, 2016, Kalispell Planning Board Minutes
Staff Report & Maps
Correspondence
Ordinance 1769
Aimee Brunckhorst, Kalispell City Clerk
ORDINANCE NO. 1769
AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY OF
KALISPELL ZONING ORDINANCE, (ORDINANCE NO. 1677), BY ZONING CERTAIN
REAL PROPERTY MORE PARTICULARLY DESCRIBED AS THE WEST HALF OF
BLOCK 16, LOTS 13-24 AND THE ADJACENT PUBLIC RIGHT-OF-WAYS TO THE
CENTERLINE OF KALISPELL ORIGINAL TOWNSITE, IN SECTION 8, TOWNSHIP 28
NORTH, RANGE 21 WEST, P.M.M., FLATHEAD COUNTY, MONTANA, CURRENTLY
ZONED CITY B-2 (GENERAL BUSINESS), TO CITY B-3 (CORE AREA - BUSINESS) IN
ACCORDANCE WITH THE KALISPELL GROWTH POLICY 2020, AND TO PROVIDE
AN EFFECTIVE DATE.
WHEREAS, the City of Kalispell Planning Department submitted a request to the Kalispell City
Planning and Zoning Commission to consider changing the zoning classification attached
to the above described tract of land, currently zoned City B-2, General Business, to
B-3, Core Area - Business, on 12 lots and the adjacent public right-of-ways to the
centerline;
WHEREAS, the Kalispell City Planning Board held a Public Hearing on the matter on February 9,
2016, and recommended a zoning designation of City B-3, Core Area - Business,
pursuant to Kalispell City Code 27.29.030; and
WHEREAS, the City Council has reviewed the Kalispell Planning Department Report and hereby
adopts the findings made in Report #KZC-16-01 as the Findings of Fact applicable to this
Ordinance; and
WHEREAS, after considering all the evidence submitted on the proposal to zone the property as
described B-3, Core Area - Business, 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-16-01.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL, AS FOLLOWS:
SECTION 1. Section 27.02.010, of the Official Zoning Map of the Kalispell Zoning
Ordinance, (Ordinance No. 1677) is hereby amended by designating the
property as described above as B-3, Core Area - Business, on 12 lots and the
adjacent public right-of-ways to the centerline.
SECTION 2. 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 3. This Ordinance shall take effect from and after 30 days of passage on second
reading by the City Council.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE
CITY OF KALISPELL, MONTANA, THIS DAY OF , 2016.
ATTEST:
Aimee Brunckhorst, CMC
City Clerk
Mark Johnson
Mayor
CITY OF KALISPELL PLANNING DEPARTMENT
REQUEST FOR ZONE CHANGE FROM B-2 TO B-3
STAFF REPORT #KZC-16-01
KALISPELL PLANNING DEPARTMENT
January 28, 2016
The following is a report to the Kalispell City Planning Board and the Kalispell
City Council regarding a request to change the zoning district on twelve lots
from B-2 (General Business) to B-3 (Core Area Business). A public hearing has
been scheduled before the Kalispell City Planning Board for February 9, 2016
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 City of Kalispell Planning Department is requesting that the properties
bounded by U.S. Hwy 2 to the north, U.S. Hwy 93 to the west, Montana Street
to the south and the alleyway to the east (Moose's block) be rezoned from B-2
(General Business) to B-3 (Core Area Business). The B-3 Zoning District was
created specifically for properties within the Core Area Plan Boundary and the
subject properties are located within the heart of that area. Rezoning of the
subject properties from B-2 to B-3 reflects the goals and policies of the Core
Area Plan. Rezoning the properties to B-3 better reflects the current land uses
and setbacks of the existing buildings onsite. The buildings onsite contain 0'
setbacks and are a reflection of the built environment that is the vision of the
Core Area Plan. As it stands, the current B-2 Zoning requires a 15' front yard
setback which is contrary to the Core Area Plan. A rezoning of the properties to
B-3 allows any redevelopment of the subject properties to maintain and
enhance the current built environment.
The proposed rezoning contains the following policies in support of the B-3
Zoning of the subject properties:
1. Require urban scale design standards along the street.
• Zero lot line setbacks
2. Zoning within the Core Area should accommodate a mix of residential
and commercial uses.
3. Update existing zoning regulations to encourage land uses set out in the
Core Area Plan.
1
4. Review existing zoning district patterns to ensure the zoning districts are
consistent with the Core Area Plan and rezone areas where there is
conflict.
A. Petitioner / Owner: City of Kalispell Planning Department
P.O. Box 1997
Kalispell, MT 59903
B. Location and Legal Description of Property: The properties are
bounded by U.S. Hwy 2 to the north, U.S. Hwy 93 to the west, Montana
Street to the south and the alleyway to the east. The proposed zone change
can be more specifically described as the west half of Block 16, Lots 13-24
and the adjacent public right-of-ways to the centerline of Kalispell Original
Townsite, located in Section 8, Township 28N, Range 21W, P.M.M.,
Flathead County, Montana.
C. Existing Land Use and Zoning: The existing land uses of the subject
properties include Montana Department of Transportation right-of-way
that is used as a landscaped area, Moose's Saloon, vacant building
(previously various retail/ services businesses) a former location of a bike
shop and surface parking. As mentioned previously, the subject properties
are located within the B-2 Zoning District. The Kalispell Zoning Ordinance
describes the intent of the B-2 Zoning District as:
"A district which provides for a variety of sales and service establishments
to serve both residents of the area and the traveling public. This district
depends on the proximity to major streets and arterials and should be
located in business corridors or in islands. This zoning district would be
typically found in areas designated as commercial and urban mixed use on
the Kalispell Growth Policy Future Land Use Map."
D. Proposed Zoning: The proposed zoning district for the subject properties
is B-3, Core Area Business. The Kalispell Zoning Ordinance describes the
intent of the B-3 Zoning District as:
"A district which is intended to provide a variety of both commercial and
residential uses. Commercial uses would typically include a mix of retail,
office, restaurant, and other similar uses. This zone is based primarily on
the core area plan adopted by the city for the area along the railroad
corridor and is intended to further the goals and policies in that plan."
E. Size: The twelve lots total approximately 42,000 square feet. The entire
area of the zone change including the centerline of the adjacent right-of-
ways totals approximately 71,370 square feet.
F. Adjacent Land Uses and Zoning:
North: B-2, U.S. Hwy 2 and commercial center
East: B-2, Thrift Store
South: B-2, Bank and Pizza Hut
2
West: B-5, U.S. Hwy 93 and Walgreens
G. General Land Use Character: The general land use character of this area
can be described as commercial. Commercial uses in the vicinity include
retail, restaurant and office.
H. Utilities and Public Services: All twelve properties are served by city
water and sewer and by city streets.
Sewer:
City sewer
Water:
City water
Refuse:
City collection services
Electricity:
Flathead Electric Cooperative
Telephone:
CenturyLink
Schools:
School District #5, Kalispell
Fire:
Kalispell Fire Department
Police:
Kalispell Police Department
I. Public Comment: No public comment has been received at this time.
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 policy?
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). Additionally, Chapter 4 of the
Core Area Plan laid out the following "first steps" for implementing the
Core Area Plan:
13. Develop zoning tools that will enable the Core Area to accommodate a
mix of land uses and achieve the Core Area Vision.
a) Develop new zoning tools and creative approaches to enable
property owners to achieve the Core Area vision.
2. Does the zoning regulation consider the effect on motorized and
nonmotorized transportation systems?
The zone change would have a minimal effect on transportation systems
since the proposed zoning district is designed to be a live/work
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environment and of urban scale where supplemental modes of
transportation would be used. 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?
Adequate access and public facilities are available to the properties in the
case of an emergency. There are no features related to the properties
which would compromise the safety of the public. All municipal services
including police and fire protection, water and sewer service are available
to the area.
4. Is the zoning regulation designed to promote 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. The standards and uses within the B-3 Zoning
District are the most appropriate for properties within the Core Area and
intended to further the goals and policies of the Core Area Plan.
5. Does the zoning regulation consider the reasonable provision of adequate
light and air?
The B-3 Zoning District provides for development standards similar to
Main Street. The proposed standards are consistent with an urban
environment and provide the most efficient use of space within an
infrastructure deficient area. There are also additional standards
provided for within the zoning ordinance that will assure development,
provide for parks, landscaping, parking, etc. that provide reasonable
provisions of adequate light and air.
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?
Rezoning the properties to B-3 better reflects the current land uses and
setbacks of the existing buildings onsite. The buildings onsite contain 0'
setbacks and are a reflection of the built environment that is the vision of
E
the Core Area Plan. As it stands, the current B-2 Zoning requires a 15'
front yard setback which is contrary to the Core Area Plan. A rezoning of
the properties to B-3 allows any redevelopment of the subject properties
to maintain and enhance the current built environment.
8. Does the zoning regulation consider conserving the value of buildings?
The value of buildings onsite will be enhanced by the B-3 Zoning District,
which provides for increased development opportunities. Additionally, the
B-3 Zone provides for the ability to add to the existing building with a 0'
setback; whereas, the B-2 Zoning would require a 15' setback.
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 only area of the
municipality that will be affected by the proposed B-3 Zoning District at
this time are the subject properties. The B-3 Zoning District provides for
the most appropriate zoning and provides the tools necessary to
implement the goals and policies of the Core Area Plan.
RECOMMENDATION
It is recommended that the Kalispell City Planning Board and Zoning
Commission adopt Staff Report #KZC 16-01 as findings of fact and recommend to
the Kalispell City Council that the area zoned B-2 (General Business) be rezoned
to B-3 (Core Area Business).
I
173 N. MAIN ST. KALISPELL, MT 59901
February 6 2016
To whom it may concern,
I am writing as a co-owner of Moose's Saloon Inc., 173 North Main Street and as a partner of the LLC
WJBianchi owner of 159 North Main Street in Support of the zoning change from B2 to B3. I believe this
is a true benefit for downtown Kalispell.
Sincerely,
Wallis Bianchi
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